Opinion
September 19, 1995
Appeal from the Supreme Court, New York County (Charles Tejada, J.).
Defendant's motion to withdraw his guilty plea was properly denied without a hearing. Defendant's contention that he pleaded guilty because he was pressured by his attorney to do so, which was raised through his new attorney's affirmation and his own affidavit and oral statements, in support of his motion to withdraw the plea is refuted by the plea minutes, which show that defendant pleaded guilty, after an extensive allocution, because he was guilty and wanted to avoid the risk of a longer sentence ( see, People v Jackson, 186 A.D.2d 389, lv denied 81 N.Y.2d 790). Nor was defendant improperly denied a further adjournment of the sentencing in order to locate the sentencing minutes of a prior conviction where numerous adjournments for that very purpose had already been granted. The plea minutes of the prior case were available and defendant's bald assertions that he had been coerced by an unidentified individual into taking that plea involuntarily failed to raise an issue that the prior plea was unconstitutionally obtained, such as to overcome the presumption of regularity ( People v Polanco, 192 A.D.2d 393; People v Hodges, 194 A.D.2d 484, lv denied 82 N.Y.2d 720).
Concur — Murphy, P.J., Rosenberger, Williams and Mazzarelli, JJ.