Opinion
November 9, 1987
Appeal from the Supreme Court, Kings County (G. Goldstein, J.).
Ordered that the judgment is affirmed.
A review of the record demonstrates that the plea allocution clearly established that the defendant was advised of the rights he would be waiving and that, after consulting with counsel, he knowingly and voluntarily chose to plead guilty (see, People v Harris, 61 N.Y.2d 9). The defendant admitted the underlying facts of the crime and acknowledged that he was pleading guilty because he was, in fact, guilty. The defendant's belated, unsubstantiated claim of innocence did not render the plea either procedurally or substantively defective (see, People v. Dixon, 29 N.Y.2d 55; People v. Stubbs, 110 A.D.2d 725; People v. Kelsch, 96 A.D.2d 677). Under the circumstances present herein, the denial of the defendant's motion to withdraw his guilty plea was not an abuse of discretion (see, People v. Dixon, supra, at 57).
Finally, as the defendant received the sentence for which he bargained, he may not now be heard to complain that it was excessive (see, People v. Kazepis, 101 A.D.2d 816). Mangano, J.P., Brown, Lawrence, Weinstein and Kunzeman, JJ., concur.