PEOPLE v. MANN (2006)

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered April 14, 2003, convicting him of murder in the second degree, assault in the first degree, assault in the second degree (two counts), criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and reckless endangerment in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

 Contrary to the defendant's contentions, the County Court properly denied his motions for the assignment of new counsel and to withdraw his guilty plea.   It is well settled that a motion to withdraw a guilty plea is addressed to the sound discretion of the court (see People v. McGriff, 216 A.D.2d 330, 627 N.Y.S.2d 773;  People v. Jones, 214 A.D.2d 623, 626 N.Y.S.2d 809), and a guilty plea will be upheld where, as here, it was entered knowingly, voluntarily, and intelligently (see People v. Fiumefreddo, 82 N.Y.2d 536, 605 N.Y.S.2d 671, 626 N.E.2d 646;  People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170).   The mere fact that defense counsel may have advised him as to the risks of trial, including the possible maximum sentence if he was convicted, is insufficient to establish ineffective assistance of counsel or coercion (see People v. Jones, 232 A.D.2d 505, 648 N.Y.S.2d 331;  People v. Spinks, 227 A.D.2d 310, 643 N.Y.S.2d 54;  People v. Samuel, 208 A.D.2d 776, 617 N.Y.S.2d 494).   The defendant's bare assertions of innocence are also insufficient to withdraw a guilty plea (see People v. Moore, 71 N.Y.2d 1002, 530 N.Y.S.2d 94, 525 N.E.2d 740;  People v. Lowrance, 41 N.Y.2d 303, 304-305, 392 N.Y.S.2d 417, 360 N.E.2d 1099;  People v. Evans, 204 A.D.2d 346, 614 N.Y.S.2d 151;  People v. Chestnut, 188 A.D.2d 480, 590 N.Y.S.2d 906).

The defendant's contention that the County Court failed to advise him of the mandatory period of post-release supervision is unpreserved for appellate review (see People v. Hall, 7 A.D.3d 812, 776 N.Y.S.2d 884;  People v. Russell, 7 A.D.3d 818, 776 N.Y.S.2d 862;  see also People v. Catu, 4 N.Y.3d 242, 792 N.Y.S.2d 887, 825 N.E.2d 1081).   Furthermore, the sentence imposed was neither harsh nor excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).