Opinion
December 31, 1990
Appeal from the County Court, Dutchess County (King, J.).
Ordered that the judgment is affirmed.
It is well settled that the decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court (see, People v. Hagzan, 155 A.D.2d 616, 617; People v. Camacho, 154 A.D.2d 611). In the instant case, the defendant knowingly and voluntarily made a complete plea allocution in the presence of competent counsel, after the court had fully apprised him of the consequences of his plea (see, People v. Harris, 61 N.Y.2d 9). The basis asserted by the defendant for his application to withdraw his plea was the agency defense. However, his claim was factually insufficient to support the defense (see, People v. Roche, 45 N.Y.2d 78, 83, cert denied 439 U.S. 958). Moreover, it appeared that the real reason for the application was that he was unhappy that he had not been released from jail prior to sentencing. Under these circumstances, it was not an improvident exercise of discretion to deny the motion. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.