Opinion
01-04367
Argued April 19, 2002
May 28, 2002.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered April 24, 2001, convicting him of robbery in the first degree (two counts), upon his plea of guilty, and imposing sentence.
Matthew Muraskin, Melville, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.
SANDRA J. FEUERSTEIN, J.P., CORNELIUS J. O'BRIEN, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's plea of guilty was knowingly, voluntarily, and intelligently made (see People v. Harris, 61 N.Y.2d 9). The County Court properly denied the defendant's motion to vacate his plea without a hearing, as his conclusory allegations of innocence and of ineffective assistance of counsel were contradicted by the record and were insufficient to warrant vacatur of the plea (see People v. Frederick, 45 N.Y.2d 520; People v. Dunbar, 260 A.D.2d 644; People v. D'Orio, 210 A.D.2d 424). Furthermore, the County Court properly denied the motion without assigning new counsel (see People v. Caple, 279 A.D.2d 635).
The defendant forfeited his right to be present at sentencing by his disruptive conduct (see People v. Curtis, 286 A.D.2d 900, lv denied 97 N.Y.2d 728; People v. Santos, 283 A.D.2d 264; see also People v. Stroman, 36 N.Y.2d 939).
The defendant's remaining contentions are without merit, or review is precluded by his waiver of his right to appeal. The issue raised in the defendant's supplemental brief is unpreserved for appellate review (see People v. Pellegrino, 60 N.Y.2d 636).
FEUERSTEIN, J.P., O'BRIEN, ADAMS and COZIER, JJ., concur.