Opinion
June 6, 1994
Appeal from the Supreme Court, Kings County (Goldstein, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his guilty plea without conducting a hearing. Since there was nothing in the record to suggest that the defendant's plea was either improvident or baseless, the defendant's bare assertion that he was innocent was insufficient to warrant withdrawal of the plea (see, People v. Chestnut, 188 A.D.2d 480). In addition, there is no merit to the defendant's contention that his plea was not knowingly or intelligently entered (see, People v. Harris, 61 N.Y.2d 9).
Finally, since the court imposed the sentence which was promised, the defendant has no basis to complain that his sentence was excessive (see, People v. Kazepis, 101 A.D.2d 816). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.