Opinion
February 1, 1991
Appeal from the Allegany County Court, Feeman, J.
Present — Callahan, J.P., Doerr, Green, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The court did not abuse its discretion in denying defendant's oral request to withdraw his guilty plea (see, CPL 220.60; People v Frederick, 45 N.Y.2d 520, 524-525; People v Tinsley, 35 N.Y.2d 926, 927; People v Lee, 132 A.D.2d 625; People v Stubbs, 110 A.D.2d 725, 726; People v Kelsch, 96 A.D.2d 677). The record reflects that defendant's guilty plea was knowingly and voluntarily made in the presence of counsel and after the court had fully apprised him of the consequences of his plea (see, People v Harris, 61 N.Y.2d 9; People v Gomez, 142 A.D.2d 649, lv dismissed 73 N.Y.2d 786). Defendant's generalized claim of innocence, which was not made during the plea allocution, and is unsupported by the record, did not entitle him to withdraw his guilty plea (see, People v Gardner, 150 A.D.2d 722).
Defendant's challenge to the adequacy of his plea allocution is similarly lacking in merit. Defendant's factual recitation was sufficient, but, even if "defendant's allocution did not establish the essential elements of the crime to which he pleaded guilty, it would not require vacatur of his plea since there is no suggestion in the record that the plea was improvident or baseless" (People v Duff, 158 A.D.2d 711, lv denied 76 N.Y.2d 734; see also, People v Nixon, 21 N.Y.2d 338, 350, cert denied sub nom. Robinson v New York, 393 U.S. 1067; People v Phelps, 140 A.D.2d 637, lv denied 72 N.Y.2d 977).