Opinion
January 7, 1993
Appeal from the Supreme Court, New York County, Robert Haft, J., Peter McQuillan, J.
The motion to withdraw the plea was properly denied by the sentencing court, it having been demonstrated that the plea was voluntarily and knowingly given (see, People v. Cummings, 106 A.D.2d 294). At the time of the plea, defendant acknowledged that he understood the rights he was waiving, and his answers to questions concerning the substantive elements of the crime to which he was pleading guilty were unhesitant and unequivocal. As in People v. Dixon ( 29 N.Y.2d 55), the defendant clearly stated his guilt at the original allocution, and offered only unsupported allegations that were properly subject to the court's credibility determinations.
Concur — Murphy, P.J., Carro, Rosenberger, Ross and Asch, JJ.