Opinion
June 1, 1987
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is affirmed.
Based upon a review of the record, we find that for reasons stated by Justice Rotker at Criminal Term, the defendant was not entitled to withdraw his guilty plea. Moreover, since the defendant was given ample opportunity to state and substantiate the basis for his application to withdraw his plea but failed to do so, no formal evidentiary hearing was required (see, People v Kelsch, 96 A.D.2d 677; People v Morris, 118 A.D.2d 595, lv denied 67 N.Y.2d 947). Thompson, J.P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.