People v. Colon

—Judgment, Supreme Court, Bronx County (Vincent Quattrochi, J.), rendered September 7, 2000, convicting defendant, upoto his plea of guilty, of three counts of criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 5 to 15 years, unanimously affirmed.

The record establishes the voluntariness of defendant’s plea, and that defendant received meaningful representation (see People v Ford, 86 NY2d 397 , 404). The court properly denied defendant’s motion to withdraw his guilty plea, and there was no conflict of interest requiring appointment of new counsel in connection with that motion, since “[i]t is clear that the court denied this patently meritless application solely on the basis of its own recollection of the record [and that t]his was not a situation where the court deemed it necessary to elicit facts outside the record from defense counsel in order to decide the plea withdrawal motion” (People v Burgos, 298 AD2d 190 , 190).

Defendant’s excessive sentence claim is foreclosed by his valid waiver of the right of appeal. In any event, we perceive no basis for reducing the sentence. Concur — Williams, P.J., Andrias, Buckley, Lerner and Gonzalez, JJ.