Opinion
November 8, 1990
Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).
Defendant, who was arrested following an undercover "buy-and-bust" operation, pleaded guilty to attempted criminal sale of a controlled substance in the third degree, in exchange for a promised sentence of five years' probation and time served, on condition that defendant appear for sentencing, cooperate with probation authorities, and not commit any further criminal acts. Defendant did not appear for sentencing and was returned on a warrant six weeks later. Defendant then moved to withdraw his plea, asserting that he was innocent and had pleaded guilty under duress. The motion was denied without a hearing, and defendant was sentenced as noted above.
The motion to withdraw a plea will not be granted where the court sufficiently inquires into the assertion of innocence and there is not supporting factual matter for the assertion. (People v. Woodham, 79 A.D.2d 1062.) An evidentiary hearing as to a claim such as duress is not required where a limited interrogation by the court will suffice. (People v. Tinsley, 35 N.Y.2d 926.) The court sufficiently inquired into the alleged claims. As the terms of the sentence promise had been violated, the court acted properly in imposing a greater sentence. (See, People v. Sepulveda, 151 A.D.2d 335.)
Concur — Ross, J.P., Rosenberger, Asch, Kassal and Wallach, JJ.