Opinion
October 15, 1992
Appeal from the Supreme Court, New York County, Harold J. Rothwax, J.
The hearing court properly denied defendant's application to compel testimony by the arresting officer's partner, as defendant presented no bona fide factual predicate which demonstrated that such officer possessed noncumulative, material evidence on the seizure issue (People v Witherspoon, 66 N.Y.2d 973, 974).
We find further that defendant entered a knowing, voluntary and intelligent plea of guilty, and that the trial court did not abuse its discretion in denying defendant's motion to withdraw his plea on the sentencing date (People v Gordon, 162 A.D.2d 343, lv denied 77 N.Y.2d 838), following repeated rulings, fully supported by the record, that defendant's claims of ineffective assistance of counsel were baseless (People v Baldi, 54 N.Y.2d 137, 146-147).
Concur — Carro, J.P., Milonas, Rosenberger and Asch, JJ.