Opinion
KA 02-00785
March 21, 2003.
Appeal from a judgment of Onondaga County Court (Aloi, J.), entered March 1, 2002, convicting defendant upon his plea of guilty of robbery in the second degree (two counts).
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (DEBRA A. HERLICA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., WISNER, SCUDDER, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
County Court did not abuse its discretion in denying without a hearing a motion made by defendant at sentencing to withdraw his plea of guilty (see People v. Lopez, 209 A.D.2d 545, lv denied 85 N.Y.2d 911). "Defendant's generalized assertion of innocence is unsupported by the record and is insufficient to entitle defendant to withdraw his plea" (People v. Burroughs, 224 A.D.2d 1034, 1034-1035, lv denied 88 N.Y.2d 845; see People v. Hutchings, 263 A.D.2d 965, 966, lv denied 93 N.Y.2d 1044).