Opinion
May 27, 1994
Appeal from the Jefferson County Court, Clary, J.
Present — Green, J.P., Balio, Lawton, Wesley and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his motion to withdraw his guilty plea. Whether to permit a defendant to withdraw a previously entered guilty plea is a decision that rests within the sound discretion of the court (see, People v Frederick, 45 N.Y.2d 520, 524-525; People v. Hagzan, 155 A.D.2d 616, 617). The contention that defendant was confused and frightened at the time he pleaded guilty is not supported by the record and does not constitute a sufficient ground to support the exercise of the court's discretion in his favor (see, People v Stephens, 175 A.D.2d 272, lv denied 79 N.Y.2d 864; People v Thornton [appeal No. 1.], 167 A.D.2d 935, lv denied 78 N.Y.2d 1082).
We also reject the contention that defendant was deprived of effective assistance of counsel. Defendant was provided meaningful representation at all times during the criminal proceeding "as evidenced by the favorable plea bargain, which permitted defendant to plead guilty to a reduced charge in exchange for a moderate sentence" (People v. Chestnut, 188 A.D.2d 480, 481, lv denied 81 N.Y.2d 883).
Finally, the contention that defendant's sentence is harsh and excessive is without merit.