Opinion
(1159) KA 99-05569.
September 28, 2001.
(Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Reckless Endangerment, 1st Degree.)
PRESENT: PINE, J.P., HAYES, HURLBUTT, BURNS AND GORSKI, JJ.
Judgment unanimously affirmed.
Memorandum:
Contrary to the contention of defendant, Supreme Court did not abuse its discretion in denying his motion to withdraw his plea of guilty without conducting a hearing. Defendant's conclusory assertion of innocence was insufficient to warrant a hearing ( see, People v. Miller, 275 A.D.2d 925, 926, lv denied 95 N.Y.2d 936).