Opinion
June 2, 1998
Appeal from the Supreme Court, New York County (Jerome Hornblass, J.).
Defendant's motion to withdraw his guilty plea was properly denied. The extensive record leaves no doubt that defendant understood that he would not be allowed to withdraw his guilty plea if he were found to be a second felony offender and that in that event he would be sentenced to a term of 3 1/2 to 7 years. Moreover, a defendant who purposefully conceals his prior record from the court, as is the case here, cannot benefit from that fraud and cannot withdraw his guilty plea when the fraud is discovered (see, People v. James, 239 A.D.2d 243, lv denied 90 N.Y.2d 906).
We perceive no abuse of sentencing discretion.
Concur — Sullivan, J. P., Rosenberger, Rubin and Williams, JJ.