PEOPLE v. SAVINON (2008)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Esteban SAVINON, etc., Defendant-Appellant.

Decided: June 26, 2008

LIPPMAN, P.J., TOM, ANDRIAS, SAXE, JJ.

Richard M. Greenberg, Office of the Appellate Defender, New York (Eunice C. Lee of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Aaron Ginandes of counsel), for respondent.

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered June 30, 2005, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him to a term of 8 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant's motion to withdraw his plea, without granting a hearing (see People v. Frederick, 45 N.Y.2d 520, 410 N.Y.S.2d 555, 382 N.E.2d 1332 [1978] ). The record establishes that the plea was knowing, intelligent and voluntary (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 [1993] ), and the court, which accorded defendant a suitable opportunity to be heard, had sufficient information upon which to conclude that his claims of ineffective assistance were without merit.

We perceive no basis for reducing the sentence.

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