Opinion
July 13, 1987
Appeal from the Supreme Court, Queens County (Cohen, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment to 7 to 14 years; as so modified, the judgment is affirmed.
The defendant's bald and conclusory claims of innocence raised at the time of sentencing provided an insufficient basis upon which to grant his motion to withdraw his guilty plea. During his detailed plea allocution, he acknowledged that his guilty plea was being voluntarily and knowingly entered upon the advice of counsel. In view thereof, the court did not abuse its discretion in refusing to permit the defendant to withdraw his plea (see, People v. Morris, 118 A.D.2d 595, lv denied 67 N.Y.2d 947). However, the sentence imposed by the court is excessive to the extent indicated. Finally, the defendant's application for a waiver of the $100 mandatory surcharge imposed by the court was premature (see, CPL 420.35; People v. West, 124 Misc.2d 622). Mollen, P.J., Brown, Weinstein, Eiber and Harwood, JJ., concur.