Opinion
May 30, 1991
Appeal from the Supreme Court, New York County, Allen Alpert, J.
On appeal, defendant contends that the court abused its discretion in summarily denying his motion to withdraw his previously entered plea of guilty, on the ground that he was not aware that the co-defendant's plea allocution would be inadmissible in evidence against him at trial. We disagree. It is well-settled that a defendant is not entitled to withdraw his guilty plea merely because he discovers that he misapprehended the quality of the State's case (see, Brady v United States, 397 U.S. 742, 757; People v Jones, 44 N.Y.2d 76, 81, cert denied 439 U.S. 846). Bare allegations of innocence are also insufficient (People v Cooke, 61 A.D.2d 1060). As the sentencing court allowed defendant a reasonable opportunity to present his contentions, the motion was properly denied without a hearing (People v Tinsley, 35 N.Y.2d 926).
Concur — Rosenberger, J.P., Ellerin, Kupferman, Asch and Smith, JJ.