Opinion
November 1, 1993
Appeal from the Supreme Court, Kings County (Pesce, J.).
Ordered that the judgment is affirmed.
We find no merit to the defendant's contention that he should have been permitted to withdraw his plea of guilty. The decision to permit the withdrawal of a plea of guilty rests within the sound discretion of the court (see, CPL 220.60; People v Dickerson, 163 A.D.2d 610). The defendant's unsupported, conclusory allegation of innocence at sentencing did not warrant the vacatur of his plea (see, People v Chestnut, 188 A.D.2d 480; People v Dickerson, supra; People v Bourdonnay, 160 A.D.2d 1014). Accordingly, it was not an improvident exercise of the court's discretion to deny the defendant's motion to withdraw his plea without holding a hearing (see, People v Chestnut, supra; People v Dickerson, supra). Thompson, J.P., Sullivan, Miller, Ritter and Santucci, JJ., concur.