Opinion
October 5, 1990
Appeal from the Onondaga County Court, Burke, J.
Present — Dillon, P.J., Callahan, Green, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The record establishes that defendant's plea of guilty was knowingly and voluntarily entered and that defendant intelligently waived his rights (see, People v Harris, 61 N.Y.2d 9; People v. Rodriguez, 126 A.D.2d 580, lv denied 69 N.Y.2d 954). Furthermore, the court did not abuse its discretion in summarily denying defendant's application to withdraw his guilty plea (see, People v. Tinsley, 35 N.Y.2d 926; People v. Rodriguez, supra).
Defendant was sentenced in accordance with the terms of his plea agreement. Although defendant does not have an extensive criminal history, the sentencing court properly noted the large amount of cocaine involved in the sale transaction. Thus, the sentencing court did not abuse its discretion in sentencing defendant to an indeterminate term of seven years to life.