Opinion
February 2, 1996
Appeal from the Erie County Court, Rogowski, J.
Present — Denman, P.J., Pine, Wesley, Callahan and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his motion to withdraw his guilty plea. The decision to permit a defendant to withdraw a guilty plea rests in the sound discretion of the court (see, People v. Frederick, 45 N.Y.2d 520, 524-525; People v. Cantu, 202 A.D.2d 1033). Defendant's generalized assertion of innocence is unsupported by the record and is insufficient to entitle defendant to withdraw his plea (see, People v. Cantu, supra; People v. Rancka, 193 A.D.2d 1123, 1124, lv denied 82 N.Y.2d 725; People v. McNair [appeal No. 1], 186 A.D.2d 1089, lv denied 80 N.Y.2d 1028).