People v Ricketts
2005 NY Slip Op 01747 [16 AD3d 438]
March 7, 2005
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 18, 2005


The People of the State of New York, Respondent,
v
Ricardo A. Ricketts, Appellant.

[*1]Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered November 8, 2002, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The decision of whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the court (see CPL 220.60 [3]; People v Sloane, 13 AD3d 400 [2004]; People v Raymond, 3 AD3d 587 [2004]). In this case, the Supreme Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty.

The defendant's plea was knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536 [1993]; People v Sloane, supra).

The defendant's remaining contentions either are unpreserved for appellate review, not properly before this Court, or without merit. H. Miller, J.P., Cozier, S. Miller and Fisher, JJ., concur.