People v. McAllister

• Decision Date: 23 March 1998
• Citation: 669 N.Y.S.2d 952,248 A.D.2d 641
• Parties: 1998 N.Y. Slip Op. 2791 The PEOPLE, etc., Respondent, v. Charles McALLISTER, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 952

669 N.Y.S.2d 952

1998 N.Y. Slip Op. 2791

The PEOPLE, etc., Respondent, v.Charles McALLISTER, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

March 23, 1998.

Sally Wasserman, Westbury, for appellant.

Denis Dillon, District Attorney, Mineola (Robert A. Schwartz and Cara Brady, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County(Wexner, J.), rendered May 12, 1997, convicting him of criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty without holding an evidentiary hearing (see, CPL 220.60[3];People v. Dickerson, 163 A.D.2d 610, 559 N.Y.S.2d 40).The defendant's belated and unsubstantiated claim of innocence, upon which his motion was based, was belied by his earlier admission of guilt during his plea of guilty (see, People v. Butler, 198 A.D.2d 427, 605 N.Y.S.2d 915;People v. Smith, 192 A.D.2d 732, 598 N.Y.S.2d 735).

ROSENBLATT, J.P., and SULLIVAN, JOY and LUCIANO, JJ., concur.