Opinion
April 23, 1993
Appeal from the Supreme Court, New York County (Allen Alpert, J.).
On July 30, 1990, the defendant and an accomplice sold cocaine to an undercover officer. The defendant pled guilty and was placed on interim probation. Then, on October 30, 1990, the defendant and six accomplices attacked a homeless man, who died as a result of the attack. Defendant inflicted fatal wounds, using a meat cleaver. At the August 8, 1991 sentencing for the murder charge, the defendant sought to withdraw his plea by stating that he did not murder the victim. The court properly denied the application. The plea was knowing and voluntary, and was not made otherwise by defendant's post plea assertion of innocence (People v Billingsley, 54 N.Y.2d 960). The consecutive sentence imposed on August 9, 1991 was not excessive (Penal Law § 70.25; see, People v Walsh, 44 N.Y.2d 631, 635).
Concur — Milonas, J.P., Rosenberger, Ross and Kassal, JJ.