Opinion
December 5, 1989
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
This appeal brings up for review the denial without a hearing on the oral motions to withdraw the guilty plea, made by defendant and his counsel at sentencing. The defendant failed to provide particulars of his allegations of coercion, emotional distress and innocence. Further, contrary to defendant's assertion, his motion to withdraw his guilty plea was not summarily denied. Both defendant and his counsel were given ample opportunity to present arguments in support of the motion. Considering the totality of the circumstances, including the interrogation by the court, we find that no error resulted from the absence of an evidentiary hearing (see, People v Tinsley, 35 N.Y.2d 926, 927; People v Frederick, 45 N.Y.2d 520, 525).
Concur — Sullivan, J.P., Carro, Milonas, Ellerin and Wallach, JJ.