Opinion
November 18, 1991
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the judgment is affirmed.
The decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court (see, People v. Pettway, 140 A.D.2d 721; People v. Melendez, 135 A.D.2d 660). As a defendant may not withdraw a guilty plea by an unsupported assertion of innocence where the plea was voluntarily made with the advice of competent counsel following an appraisal of all the relevant facts (see, People v. Tannenbaum, 116 A.D.2d 677), the sentencing court did not improvidently exercise its discretion when the defendant made unsupported claims of innocence. Similarly, his claim of ineffective assistance of counsel and coercion is belied by the record. Bracken, J.P., Kunzeman, Eiber, Balletta and Ritter, JJ., concur.