Opinion
December 5, 1991
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
At sentencing, defendant sought to withdraw his pleas on the ground that he did not understand the charges against him, and did not have effective assistance of counsel. The court did not abuse its discretion in summarily denying this application. Defendant admitted on allocution that he had violently shaken his infant daughter in a fit of rage, showing that he knowingly and voluntarily pled guilty to conduct reflecting a depraved indifference to human life (People v Moore, 71 N.Y.2d 1002, 1005). Nor did defendant's unsubstantiated allegations that he did not understand the charges against him for the burglary which he had admitted, and did not have effective assistance of counsel, provide a basis for withdrawal of his guilty pleas (People v Billingsley, 54 N.Y.2d 960, 961).
Concur — Sullivan, J.P., Milonas, Wallach, Kupferman and Asch, JJ.