Opinion
KA 02-00879
March 21, 2003.
Appeal from a judgment of Onondaga County Court (Aloi, J.), entered February 15, 2002, convicting defendant upon his plea of guilty of criminal possession of stolen property in the fourth degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., WISNER, SCUDDER, KEHOE, AND BURNS, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
County Court did not abuse its discretion in denying the motion of defendant to withdraw his guilty plea (see CPL 220.60; People v. Alexander, 97 N.Y.2d 482, 485; People v. Pane, 292 A.D.2d 850, lv denied 98 N.Y.2d 653). Contrary to defendant's further contention, the court did not err in denying the motion without a hearing. "`Mere conclusory allegations of innocence and coercion are insufficient to warrant a hearing where the record discloses that the defendant has freely and fully admitted the essential facts constituting the crimes'" (People v. Polite, 235 A.D.2d 436, 437, lv denied 89 N.Y.2d 1098; see People v. Bonds, 254 A.D.2d 430). The allegations by defendant of innocence were "unsubstantiated and refuted by his earlier admission of guilt and the factual allocution with respect to the crime to which he pleaded guilty" (People v. Quijada-Lopez, 256 A.D.2d 478, 478, lv denied 93 N.Y.2d 928).