Opinion
September 17, 1992
Appeal from the Supreme Court, Clinton County (Lewis, J.).
We find that there was no abuse of discretion in County Court's denial of defendant's motion to withdraw his guilty plea without a hearing. The record reveals that the plea was knowing and voluntary and was made without protestation of innocence (see, People v Lynch, 156 A.D.2d 884, 884-885, lv denied 75 N.Y.2d 921). Given the fact that defendant was afforded an opportunity to state the basis for his withdrawal application, no error resulted from the absence of an evidentiary hearing regarding defendant's conclusory allegations of coercion and of innocence of the crime to which he pleaded guilty (see, People v Ross, 182 A.D.2d 1022, 1023-1024; People v De Gaspard, 170 A.D.2d 835, 837, lv denied 77 N.Y.2d 994; People v Howard, 138 A.D.2d 525). Finally, defendant received an advantageous plea bargain and nothing in the record casts any doubt upon the apparent effectiveness of counsel so as to require a hearing on that basis (see, People v De Gaspard, supra, at 838; People v Lynch, supra, at 885).
Mikoll, J.P., Yesawich Jr., Levine, Crew III and Harvey, JJ., concur. Ordered that the judgment is affirmed.