Opinion
September 16, 1997
Appeal from Supreme Court, New York County (Frederic Berman, J.).
After sufficient inquiry, the court properly denied defendant's motion to withdraw his plea. The record supports the court's finding that defendant's plea was entered voluntarily, knowingly and intelligently upon sound advice by counsel ( see, People v Fiumefreddo, 82 N.Y.2d 536). "When defendant's initial plea allocution cast doubt on his guilt, the court properly conducted a second allocution, which was free from any such doubt." ( People v. Rodriguez, 227 A.D.2d 206, 207, lv denied 88 N.Y.2d 993.)
Defendant was properly adjudicated a second felony offender. Despite ample opportunity to do so, defendant failed to allege and prove the facts underlying the claim that his earlier felony conviction was unconstitutionally obtained ( People v. Harris, 61 N.Y.2d 9, 15).
Defendant's suppression motion was properly denied. We see no reason to disturb the hearing court's credibility determinations. Defendant received effective assistance of counsel. Defendant's challenge to the evidence presented to the Grand Jury is waived by operation of his guilty plea and is, in any event, without merit.
Concur — Ellerin, J.P., Williams, Mazzarelli, Andrias and Colabella, JJ.