Opinion
January 11, 1994
Appeal from the Supreme Court, Bronx County (George Covington, J.).
We perceive no abuse of discretion in the denial of defendant's request to withdraw his plea without a hearing.
Defendant's claim that he was coerced into pleading guilty by either the court or his attorney has no support in the record, the court having accurately advised defendant that rejection of the plea bargain would expose him to having possible consecutive life sentences, and the beneficial plea agreement contradicting defendant's claim that trial counsel failed to advocate effectively. Moreover, trial counsel did not act against defendant's interest by stating that there was no impediment to sentencing, such statement accurately reflecting the legal situation once the court denied defendant's motion. Nor is there merit to defendant's claim that the court violated his right under CPL 380.50 to speak before sentencing. Notwithstanding defendant's failure to make such a statement, the sentencing minutes reveal that the court properly advised defendant of his right at the beginning of the proceeding (see, People v. McClain, 35 N.Y.2d 483, cert denied sub nom. Taylor v New York, 423 U.S. 852). Finally, we perceive no abuse in sentencing discretion.
Concur — Carro, J.P., Ellerin, Kupferman and Ross, JJ.