People v. McNair, 1
| Decision Date | 07 October 1992 |
| Docket Number | No. 1,1 |
| Citation | 590 N.Y.S.2d 789,186 A.D.2d 1089 |
| Parties | PEOPLE of the State of New York, Respondent, v. Wayne R. McNAIR, Appellant. Appeal |
| Court | New York Supreme Court — Appellate Division |
William R. Lewis by Leonard Tilney, Lockport, for appellant. Matthew J. Murphy, III by Joseph Frazier, Lockport, for respondent.
Judgment unanimously affirmed. Memorandum: The sentencing court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea. Defendant's belated protestations of innocence, unsubstantiated claims of mental incapacity and groundless allegations of ineffective assistance of counsel are insufficient to warrant a hearing on the motion (see, People v. Barnett, 136 A.D.2d 555, 523 N.Y.S.2d 174, lv. denied 71 N.Y.2d 966, 529 N.Y.S.2d 77, 524 N.E.2d 431; People v. Irizzary, 125 A.D.2d 589, 509 N.Y.S.2d 652; lv. denied 69 N.Y.2d 829, 513 N.Y.S.2d 1036, 506 N.E.2d 547). Moreover, because defendant was afforded a reasonable opportunity to set forth the grounds for his withdrawal application in his pro se motion papers and at sentencing, no formal evidentiary hearing was required (see, People v. Frederick, 45 N.Y.2d 520, 525, 410 N.Y.S.2d 555, 382 N.E.2d 1332; People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Rodriguez, 150 A.D.2d 812, 813, 542 N.Y.S.2d 234, lv. denied 74 N.Y.2d 818, 546 N.Y.S.2d 576, 545 N.E.2d 890). We have reviewed the other contentions raised by defendant and find them to be without merit. (Appeal from Judgment of Niagara County Court, Hannigan, J.--Sexual Abuse, 1st Degree.)
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