Opinion
May 1, 1989
Appeal from the County Court, Suffolk County (Vaughn, J.).
Ordered that the judgment is affirmed.
The sentencing court did not improvidently exercise its discretion in denying the defendant's application to withdraw his plea (CPL 220.60; People v Frederick, 45 N.Y.2d 520, 524-525). The defendant was fully informed of the rights he was waiving by pleading guilty and admitted the acts constituting the crime without making any claim of innocence. His subsequent generalized assertions of innocence are unsupported by the record and do not entitle him to withdraw his plea (see, People v Dixon, 29 N.Y.2d 55, 57; People v Tuttle, 141 A.D.2d 584, 585; People v Melendez, 135 A.D.2d 660). Nor did the court err in not holding an evidentiary hearing or conducting further inquiry on the defendant's application to withdraw his plea. The defendant was afforded an ample opportunity to present evidence of his allegations and failed to do so (see, People v Frederick, supra; People v Tinsley, 35 N.Y.2d 926, 927; People v Stubbs, 110 A.D.2d 725, 727). Thompson, J.P., Eiber, Kunzeman, Spatt and Balletta, JJ., concur.