Opinion
2000-02181
Submitted January 22, 2003.
February 18, 2003.
Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered February 25, 2000, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Gary E. Eisenberg, Monroe, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's plea of guilty was knowingly, intelligently, and voluntarily entered (see People v. Harris, 61 N.Y.2d 9). The County Court properly denied the defendant's motion to vacate his plea without a hearing, as his conclusory allegations of innocence and of ineffective assistance of counsel were contradicted by the record and were insufficient to warrant vacatur of the plea (see People v. Frederick, 45 N.Y.2d 520; People v. Potter, 294 A.D.2d 603, lv denied 98 N.Y.2d 771).
ALTMAN, J.P., SMITH, LUCIANO, ADAMS and COZIER, JJ., concur.