PEOPLE v. SLOANE (2004)

Appeal by the defendant from a judgment of the County Court, Westchester County (Molea, J.), rendered January 30, 2002, convicting him of criminal possession of stolen property in the third 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. Raymond, 3 A.D.3d 587, 770 N.Y.S.2d 655;  People v. Scott, 2 A.D.3d 884, 769 N.Y.S.2d 737).   The defendant's plea was knowingly, voluntarily, and intelligently made (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646;  People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5;  People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170).   Additionally, the defendant's allegations of coercion are belied by the record.   Under the circumstances, the court properly denied the motion to withdraw the plea without a hearing (see People v. Abney, 10 A.D.3d 617, 781 N.Y.S.2d 456;  People v. Kessler, 5 A.D.3d 504, 772 N.Y.S.2d 582).

The defendant's claims of ineffective assistance of counsel are contradicted by the record.   Moreover, the defendant acknowledged during the plea proceeding that he was satisfied with his attorney's representation (see People v. LaFurno, 8 A.D.3d 498, 499, 778 N.Y.S.2d 316;  People v. Weekes, 289 A.D.2d 599, 735 N.Y.S.2d 815).

 The defendant's waiver of his right to appeal forecloses appellate review of his challenge to the denial of that branch of his omnibus motion which was to suppress physical evidence (see People v. Kemp, 94 N.Y.2d 831, 703 N.Y.S.2d 59, 724 N.E.2d 754;  People v. McClane, 7 A.D.3d 641, 775 N.Y.S.2d 882;  People v. Malik, 6 A.D.3d 461, 773 N.Y.S.2d 885, lv. denied 3 N.Y.3d 677, 784 N.Y.S.2d 16, 817 N.E.2d 834).

Contrary to the defendant's contention, the indeterminate sentence imposed did not subject him to post-release supervision (see Penal Law § 70.45[2] ).