Opinion
July 13, 1987
Appeal from the County Court, Orange County (Rosato, J.).
Ordered that the judgment is affirmed.
The decision as to whether to permit a defendant to withdraw a previously entered guilty plea rests within the sound discretion of the sentencing court (CPL 220.60; People v. Stubbs, 110 A.D.2d 725, 727; People v. Kelsch, 96 A.D.2d 677, 678). In the instant case, the plea was knowingly and voluntarily made in the presence of competent counsel after the court had fully apprised the defendant of the consequences of his plea. Inasmuch as the defendant was afforded ample opportunity to state the basis for his withdrawal application, no error resulted from the absence of an evidentiary hearing with respect to his conclusory allegations that the officer at the identification hearing had been lying or that the defendant did not feel that he was guilty (see, People v. Frederick, 45 N.Y.2d 520; People v Tinsley, 35 N.Y.2d 926; People v. Morris, 107 A.D.2d 973, 975; People v. Kelsch, supra, at 678). Mollen, P.J., Brown, Weinstein, Eiber and Harwood, JJ., concur.