Opinion
May 19, 1986
Appeal from the Supreme Court, Queens County (Gallagher, J.).
Judgment affirmed.
The decision to allow a defendant to withdraw his guilty plea rests within the trial court's discretion (CPL 220.60; People v Kelsch, 96 A.D.2d 677, 678). The record discloses that an indeterminate term of 3 to 9 years' imprisonment was discussed at the time the plea was entered and was thereafter actually imposed. The defendant now claims that his plea was the product of a unilateral mistake concerning the potential sentence being considered by the court. In view of the complete allocution of the defendant's plea, his unequivocal admission of guilt and the fact that he made no showing in support of his conclusory assertion, Criminal Term properly proceeded to impose sentence without making further inquiry (see, People v Brown, 110 A.D.2d 902; People v Fears, 110 A.D.2d 712). Any off-the-record sentencing considerations are not entitled to judicial recognition on direct appeal (see, People v Hood, 62 N.Y.2d 863, 865). Mangano, J.P., Gibbons, Weinstein, Eiber and Spatt, JJ., concur.