People v Sanchez
2006 NY Slip Op 03453 [29 AD3d 308]
May 2, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 19, 2006


The People of the State of New York, Respondent,
v
Rudy Sanchez, Appellant.

[*1]Judgment, Supreme Court, Bronx County (John A. Barone, J.), rendered August 26, 2004, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him to a term of 3½ years, unanimously affirmed.

The court properly denied defendant's motion to withdraw his plea of guilty (see People v Frederick, 45 NY2d 520 [1978]). Each of the claims defendant made in his written motion was directly contradicted by the plea allocution record, which establishes that the plea was knowing, intelligent and voluntary. Defendant was not entitled to a hearing or further inquiry simply because, in his motion, he disavowed the responses he had made to the court's careful questioning at the time of the plea. Concur—Buckley, P.J., Andrias, Nardelli, Sweeny and McGuire, JJ.