Opinion
December 28, 1992
Appeal from the County Court, Rockland County (Nelson, J.).
Ordered that the judgment is affirmed.
The court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea. The defendant's claim of innocence was conclusory and unsubstantiated (see, e.g., People v Pantojas, 182 A.D.2d 782; People v Campbell, 180 A.D.2d 808; People v Terry, 179 A.D.2d 833). The defendant pleaded guilty to the lesser charge of attempted grand larceny in the third degree in order to satisfy an indictment which included the greater charge of grand larceny in the third degree, so that the alleged insufficiency of the factual allocution did not constitute grounds for vacating the plea (see, People v Moore, 71 N.Y.2d 1002; People v Nunez, 177 A.D.2d 656; People v Lancaster, 163 A.D.2d 614). Also, we note that, contrary to his argument, the defendant's denial of having personally taken the property in question away from its owner does not negate the elements of the crime to which he pleaded guilty (see, People v Lopez, 71 N.Y.2d 662). Mangano, P.J., Thompson, Bracken and Lawrence, JJ., concur.