Opinion
October 18, 1994
Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).
The debriefing agreement between the parties stated that the People were to be the sole judge of whether defendant's cooperation warranted a reduced sentence. Absent factual support for defendant's claim that he was being truthful in his debriefing sessions with the prosecutors, it cannot be said that the sentencing court abused its discretion in denying defendant's motion to withdraw his plea without conducting a hearing on why the prosecutors had concluded otherwise (see, People v. Ortiz, 180 A.D.2d 429; People v. Auslander, 169 A.D.2d 853; People v McGuire, 109 A.D.2d 921, 922).
Concur — Wallach, J.P., Kupferman, Ross, Asch and Rubin, JJ.