Opinion
May 18, 1987
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Ordered that the judgment and order are affirmed.
The trial court did not abuse its discretion in refusing to permit the defendant to withdraw his plea or in denying his motion pursuant to CPL 440.10 (see, People v. Dixon, 29 N.Y.2d 55).
The defendant's claim that he was unable to comprehend the proceedings due to having taken medication is not supported by the record. No substantive basis was set forth to warrant a reasonable belief that the defendant was, in any way, incapacitated, and sufficient inquiry was made at the time of the plea to determine that he entered it knowingly and voluntarily (see, People v. Fridell, 93 A.D.2d 866). Mangano, J.P., Eiber, Kunzeman and Harwood, JJ., concur.