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PEOPLE v. McALLISTER

248 A.D.2d 641 (1998)

669 N.Y.S.2d 952

The People of the State of New York, Respondent, v. Charles McAllister, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 23, 1998

Ordered that the judgment is affirmed.

The court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty without holding an evidentiary hearing (see, CPL 220.60 [3]; People v Dickerson, 163 A.D.2d 610). The defendant's belated and unsubstantiated claim of innocence, upon which his motion was based, was belied by his earlier admission of guilt during his plea of...

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