Opinion
April 26, 1999
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is affirmed.
The court providently exercised "its discretion in denying the defendant's motion to withdraw his previously-entered plea of guilty (see, CPL 220.60; People v. Ellerbe, 237 A.D.2d 299). The defendant knowingly and voluntarily pleaded guilty in the presence of competent counsel after the court advised him of the consequences of his plea during the plea allocution (see, People v. Harris, 61 N.Y.2d 9). The defendant's bare assertion that he is innocent was insufficient to warrant withdrawal of the plea (see, People v. Evans, 204 A.D.2d 346; People v. Chestnut, 188 A.D.2d 480).
Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.