Opinion
April 19, 1996
Appeal from the Cayuga County Court, Corning, J.
Present — Green, J.P., Fallon, Wesley, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: "Permission to withdraw a guilty plea is a decision that rests within the sound discretion of the court" ( People v. Murray, 207 A.D.2d 999, 999-1000, lv denied 84 N.Y.2d 1014). County Court did not abuse its discretion in denying defendant's motion to withdraw the plea. At the plea allocution, defendant knowingly waived a possible intoxication defense ( see, People v. Allen, 216 A.D.2d 951, lv denied 87 N.Y.2d 843) and "detailed his commission of the crime without apparent hesitation and without protestations of innocence" ( People v. Lynch, 156 A.D.2d 884, 885, lv denied 75 N.Y.2d 921). The court also properly exercised its discretion in denying defense counsel's request to postpone sentencing for the purpose of obtaining defendant's medical records ( see, People v Santos, 109 A.D.2d 901, lv denied 66 N.Y.2d 922). The sentence imposed is not unduly harsh or severe.