Opinion
October 31, 1994
Appeal from the Supreme Court, Kings County (Vaughan, J.).
Ordered that the judgment is affirmed.
The defendant contends that the sentencing court should have appointed new counsel and should have held a hearing to explore his assertions of innocence. We find that the court properly refused to appoint new counsel because the record clearly indicates that defense counsel did not take a position which was adverse to the defendant's claim of innocence (see, People v Rozzell, 20 N.Y.2d 712, 713; People v. Santana, 156 A.D.2d 736). Additionally, we find that the sentencing court properly denied the defendant's request to withdraw his plea and imposed sentence without further inquiry because the defendant's assertion of innocence was conclusory in nature (see, People v. Smith, 157 A.D.2d 871; People v. Brown, 110 A.D.2d 902). Thompson, J.P., Miller, O'Brien, Santucci and Joy, JJ., concur.