Opinion
December 27, 1990
Appeal from the County Court of Chemung County (Castellino, J.).
The minutes of the thorough plea colloquy directly refute defendant's contention that he pleaded guilty under the mistaken impression that he would receive a sentence of imprisonment of 4 to 8 years instead of 6 to 12 years. Defendant presented no other specific evidence to support his motion. Consequently, we find no abuse of discretion in County Court's denial of defendant's motion to withdraw his guilty plea (see, People v. Franco, 145 A.D.2d 837; People v. Zuk, 130 A.D.2d 886, 887-888, lv. denied 70 N.Y.2d 659). The record also establishes that the court gave defendant ample opportunity to set forth and substantiate his claims in support of his motion (see, People v. Zuk, supra, at 888). Finally, defendant has not shown that defense counsel failed to meet the standards enunciated in People v. Baldi ( 54 N.Y.2d 137).
Judgment affirmed. Casey, J.P., Mikoll, Yesawich, Jr., Levine and Harvey, JJ., concur.