Opinion
April 25, 1988
Appeal from the Supreme Court, Kings County (Goldman, J.).
Ordered that the amended judgments are affirmed.
The defendant was originally sentenced as a persistent violent felony offender. Subsequent legal developments made clear, however, that this adjudication was improper (see, People v Morse, 62 N.Y.2d 205, appeal dismissed sub nom. Vega v. New York, 469 U.S. 1186) and, upon the consent of the People, the defendant's sentences were vacated (see, CPL 440.20). Immediately before the defendant was resentenced, he unsuccessfully sought leave to withdraw the pleas of guilty entered three years earlier.
The Supreme Court properly denied the defendant's application (CPL 220.60). Vacatur of the defendant's sentences did not affect the status or validity of the underlying convictions (CPL 440.20) and the defendant made no demonstration that his pleas were involuntary or unknowing when entered (see, Brady v United States, 397 U.S. 742, 747; McMann v. Richardson, 397 U.S. 759, 770). Mangano, J.P., Kunzeman, Rubin, Kooper and Harwood, JJ., concur.