People v Savinon

People v Savinon 2008 NY Slip Op 05797 [52 AD3d 422] [52 AD3d 422] June 26, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 13, 2008

The People of the State of New York, Respondent,
v
Esteban Savinon, Also Known as Esteban Sabinon, Appellant.

—[*1] 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 eight 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 NY2d 520 [1978]). The record establishes that the plea was knowing, intelligent and voluntary (see People v Fiumefreddo, 82 NY2d 536, 543 [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. Concur—Lippman, P.J., Tom, Andrias and Saxe, JJ.