PEOPLE v. HUDSON (1997)

Appeal from a judgment of the County Court of Clinton County (MCGILL, J.), RENDERED MARCH 22, 1996, CONVICtinG DefenDANT upon his pLea of guilty of the crime of attempted perjury in the first degree.

Defendant was charged with the crime of perjury in the first degree based on testimony he gave as a prosecution witness in a criminal trial wherein he denied being present during a controlled substance sale.   Thereafter, he entered into a plea bargain according to the terms of which he was to be sentenced as a second felony offender to a prison term of 11/212 to 3 years to be served consecutive to the sentence he was presently serving.   Prior to sentencing, defendant moved, both pro se and through appointed counsel, to withdraw his plea of guilty.   Denying the motions without a hearing, County Court sentenced defendant in accordance with the plea bargain.

 In our view, County Court did not abuse its discretion by summarily denying defendant's motions for withdrawal of his plea of guilty (see, CPL 220.60[3];  see also, People v. Tillinghast, 208 A.D.2d 1030, 618 N.Y.S.2d 584, lv denied 84 N.Y.2d 1016, 622 N.Y.S.2d 928, 647 N.E.2d 134;  People v. Burke, 197 A.D.2d 731, 602 N.Y.S.2d 243).   A review of the plea allocution reveals that defendant was fully informed both of the rights he was giving up by pleading guilty and the consequences of entering such a plea (see, People v. Fitzgerald, 210 A.D.2d 740, 740-741, 620 N.Y.S.2d 553).   Defendant made no protestation of innocence during the plea colloquy and indicated that he had no questions about the consequences of his guilty plea.   Furthermore, defendant received an advantageous plea (see, People v. Brown, 235 A.D.2d 563, 652 N.Y.S.2d 332) and the record is devoid of any evidence casting doubt on defense counsel's effectiveness (see, People v. Torres, 227 A.D.2d 716, 717, 642 N.Y.S.2d 95, 95-96, lvs denied 88 N.Y.2d 995, 996, 649 N.Y.S.2d 402, 403, 672 N.E.2d 628, 629;  People v. Harrison, 212 A.D.2d 908, 623 N.Y.S.2d 165, lv denied 85 N.Y.2d 973, 629 N.Y.S.2d 733, 653 N.E.2d 629).   Under these circumstances, defendant's conclusory claims of innocence, coercion and ineffective assistance of counsel, without basis in the record, presented County Court with an issue of credibility which it could properly resolve against him (see, People v. Dixon, 29 N.Y.2d 55, 323 N.Y.S.2d 825, 272 N.E.2d 329;  People v. Lynch, 156 A.D.2d 884, 885, 550 N.Y.S.2d 104, lv denied 75 N.Y.2d 921, 555 N.Y.S.2d 40, 554 N.E.2d 77).

 Defendant's argument that County Court improperly sentenced him as a second felony offender without conducting a hearing to determine the veracity of his denial of a prior felony conviction must also fail;  there were numerous references to defendant's criminal history in the plea negotiations, the People submitted evidence that defendant had previously been sentenced as a predicate felon (see, CPL 400.21[8] ) and defendant made only a vague assertion that he had not previously been so convicted (see, People v. Quattlebaum, 229 A.D.2d 729, 645 N.Y.S.2d 620, 621;  People v. West, 181 A.D.2d 945, 581 N.Y.S.2d 469;  cf., People v. Zeoli, 212 A.D.2d 935, 622 N.Y.S.2d 991, lv denied 85 N.Y.2d 916, 627 N.Y.S.2d 339, 650 N.E.2d 1342).

ORDERED that the judgment is affirmed.

MERCURE, Justice.

CARDONA, P.J., and CASEY, SPAIN and CARPINELLO, JJ., concur.