Opinion
December 14, 1987
Appeal from the Supreme Court, Kings County (Marano, J.).
Ordered that the judgment is affirmed.
The decision of whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court (CPL 220.60; People v Stubbs, 110 A.D.2d 725, 727; People v Kelsch, 96 A.D.2d 677, 678). In the instant case, the plea was knowingly and voluntarily made in the presence of competent counsel after the court had fully apprised the defendant of the consequences of his plea. Significantly, the defendant's earlier admission of guilt was not accompanied by any claim of innocence. Inasmuch as the defendant was afforded ample opportunity to state the basis for his withdrawal application, no error resulted from the absence of an evidentiary hearing with respect to his conclusory allegations that he was in fact innocent and that his lack of faith in counsel and his confusion at the time his plea was entered had resulted in an involuntary guilty plea (see, People v Tinsley, 35 N.Y.2d 926; People v Morris, 107 A.D.2d 973, 975; People v Kelsch, supra, at 678). Mangano, J.P., Brown, Lawrence, Weinstein and Kunzeman, JJ., concur.