Majority
p. 1034The People of the State of New York, Respondent, v Craig Burroughs, Appellant. [638 NYS2d 266]
—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 NY2d 520 , 524-525; People v Cantu, 202 AD2d 1033 ). Defendant’s generalized assertion of
p. 1035
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 AD2d 1123 , 1124, lv denied 82 NY2d 725 ; People v McNair [appeal No. 1], 186 AD2d 1089 , lv denied 80 NY2d 1028 ). (Appeal from Judgment of Erie County Court, Rogowski, J. — Attempted Robbery, 3rd Degree.) Present — Denman, P. J., Pine, Wesley, Callahan and Boehm, JJ.
Cases cited
- People v. Frederick 45 NY2d 520 at 524-525 p. 1034
- People v. Cantu 202 AD2d 1033 p. 1034