People v. Diaz

—Judgment, Supreme Court, New York County (Jay Gold, J.), rendered January 22, 1992, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a prison term of 6 to 12 years, unanimously affirmed.

Defendant’s motion to withdraw his guilty plea was properly denied without a hearing. The court was entitled to rely on the record of the plea (People v Ramos, 63 NY2d 640 ), which shows that it was entered knowingly and voluntarily and supported by a sufficient factual predicate in that defendant admitted he displayed what appeared to be a gun. The court also made sufficient inquiry into defendant’s claim of ineffective assistance of counsel. Concur—Sullivan, J. P., Rosenberger, Asch and Rubin, JJ.