Opinion
KA 02-00526
February 7, 2003.
Appeal from a judgment of Onondaga County Court (Walsh, J.), entered October 3, 2001, convicting defendant upon his plea of guilty of burglary in the second degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (DEBRA A. HERLICA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., HURLBUTT, BURNS, GORSKI, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the second degree (Penal Law § 140.25). Contrary to the contention of defendant, County Court was not required to hold a hearing on his motion to withdraw the guilty plea where, as here, the court afforded defendant a reasonable opportunity to advance his contentions in support of the motion (see People v. Rivera, 258 A.D.2d 426, lv denied 93 N.Y.2d 1005; People v. Chrysler, 241 A.D.2d 975, lv denied 90 N.Y.2d 1010). The court did not abuse its discretion in denying the motion. Defendant knowingly and voluntarily entered into a favorable plea agreement, and his subsequent bare assertions of innocence in support of the motion are insufficient to require vacatur of the plea (see People v. Patterson, 295 A.D.2d 966; People v. French, 292 A.D.2d 813, 814, lv denied 98 N.Y.2d 675).