Opinion
February 11, 1999
Appeal from the Supreme Court, New York County (Dorothy Cropper, J.).
The court properly exercised its discretion in denying defense counsel's request for an adjournment of sentencing to permit a yet-to-be-identified substitute counsel to make a motion to withdraw defendant's guilty plea. That plea was entered during the course of the trial, after a victim of the crime, who had testified at trial and returned to the United States for the trial, testified that defendant had bound her with duct tape while burglarizing her home. The statements at sentencing by defendant and counsel made it clear that the basis for such a motion was nothing more than a conclusory claim of innocence and a claim that the agreed-upon sentence was unduly harsh. The minutes of the plea proceeding establish that the plea was entered knowingly and voluntarily, and provide no support for defendant's claims of judicial coercion. We have considered and rejected defendant's remaining claims.
Concur — Rosenberger, J. P., Lerner, Rubin and Mazzarelli, JJ.