Opinion
(1450) KA 00-01835.
November 9, 2001.
(Appeal from Judgment of Erie County Court, DiTullio, J. — Criminal Possession Stolen Property, 4th Degree.)
PRESENT: PINE, J.P., HAYES, HURLBUTT, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from two judgments convicting him, upon his respective pleas of guilty, of criminal possession of stolen property in the fourth degree (Penal Law § 165.45) and attempted assault in the second degree (Penal Law § 110.00, 120.05). With respect to the plea in appeal No. 1, we conclude that County Court did not abuse its discretion in refusing to permit defendant to withdraw his plea where, as here, "his bare claim[s] of innocence w[ere] unsupported by the record and contrary to his admission[s] during the plea proceeding" ( People v. Falaro, 284 A.D.2d 972; see, People v. Burroughs, 224 A.D.2d 1034, 1034-1035, lv denied 88 N.Y.2d 845; People v. Mercedes, 171 A.D.2d 1044, 1044-1045, lv denied 77 N.Y.2d 998). Contrary to defendant's contention in appeal No. 2, "[t]he mere fortuity that a physical injury was not inflicted is no defense to the charge of attempted assault" ( People v. Early, 85 A.D.2d 752, 753; see, People v. Delgado, 167 A.D.2d 181, 182, lv denied 77 N.Y.2d 905). We reject the further contention of defendant that he should have been permitted to withdraw his pleas of guilty because they were entered under duress. Defendant's belated and conclusory assertion of duress based on an alleged beating in the holding center has no support in the record and thus the court properly denied the motion of defendant to withdraw his guilty pleas ( see, People v. Lindsey, 283 A.D.2d 782 ; cf., People v. Flowers, 30 N.Y.2d 315, 317).