Opinion
December 28, 1999
Judgment, Supreme Court, Bronx County (Joseph Cohen, J.), rendered October 15, 1996, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree, and sentencing him to a term of 5 years probation, unanimously affirmed.
Kenneth Rudd, for Respondent.
Edward Hamlin, for Defendant-Appellant.
SULLIVAN, J.P., NARDELLI, RUBIN, ANDRIAS, FRIEDMAN, JJ.
Nothing in defendant's plea allocution cast doubt on his guilt (see, People v. Toxey, 86 N.Y.2d 725; People v. Emmanuel, 179 A.D.2d 356,lv denied 79 N.Y.2d 947), and we find the plea to be intelligently and voluntarily made. Were we to treat defendant's comments at sentencing as a motion to withdraw his plea on grounds of innocence and duress, we would find that the court properly denied the motion without a hearing because defendant's claims were conclusory and contradicted by the record of the plea.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.