PEOPLE v. FORD (2007)

Appeal by the defendant from a judgment of the County Court, Westchester County (Loehr, J.), rendered March 29, 2006, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

 The right of a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court (see People v. Seeber, 4 N.Y.3d 780, 793 N.Y.S.2d 826, 826 N.E.2d 797;  People v. Mann, 32 A.D.3d 865, 821 N.Y.S.2d 616;  People v. Kucharczyk, 15 A.D.3d 595, 790 N.Y.S.2d 522), and this determination generally will not be disturbed absent an improvident exercise of discretion (see People v. DeLeon, 40 A.D.3d 1008, 837 N.Y.S.2d 189).   In this case, the record reveals that the defendant entered his plea of guilty knowingly, voluntarily, and intelligently, having reached a favorable plea bargain with the assistance of competent counsel with whose representation the defendant was satisfied (see People v. Mann, 32 A.D.3d 865, 821 N.Y.S.2d 616).   The defendant's generalized and unsubstantiated claim of innocence at the time of sentencing was not sufficient to warrant the vacatur of the plea (see People v. De Jesus, 199 A.D.2d 529, 530, 606 N.Y.S.2d 255;  People v. Carter, 191 A.D.2d 640, 595 N.Y.S.2d 219;  People v. Stephens, 175 A.D.2d 272, 572 N.Y.S.2d 725;  People v. Williams, 156 A.D.2d 497, 548 N.Y.S.2d 772).   Nor did the defendant's subsequent expression of unhappiness with the length of the sentence to which he had agreed require a vacatur of his plea (see People v. Hagzan, 155 A.D.2d 616, 617, 547 N.Y.S.2d 670;  People v. Morris, 118 A.D.2d 595, 499 N.Y.S.2d 13).   Furthermore, contrary to the defendant's arguments on appeal, “[a]n attorney assigned to represent a defendant in a criminal case has no duty to participate in a baseless pro se motion to withdraw a plea of guilty which was voluntarily, knowingly, and intelligently made” (People v. Caple, 279 A.D.2d 635, 635, 720 N.Y.S.2d 166;  see People v. Rodriguez, 181 A.D.2d 643, 582 N.Y.S.2d 109;  People v. Glasper, 151 A.D.2d 692, 693, 542 N.Y.S.2d 747).