People v. Dickerson (163 A.D.2d 610, 1990)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miller, J.), rendered October 21, 1987, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We find no merit to the defendant’s contention that he should have been permitted to withdraw his guilty plea. The decision to permit the withdrawal of a guilty plea rests within the sound discretion of the court (CPL 220.60 [3]). The defendant’s unsupported conclusory allegations of innocence did not warrant the vacatur of his guilty plea (see, People v Tuttle, 141 AD2d 584; People v Melendez, 135 AD2d 660). Despite his subsequent protestations, the defendant knowingly, intelligently and voluntarily pleaded guilty to the instant burglary charge upon the advice of counsel and in satisfaction of a multiple count indictment, and in so doing he secured the minimum sentence allowable. Moreover it is evident that this defendant, who was not a criminal novice, was primarily interested in attempting to secure a lighter sentence and that his allocution adequately factually established his guilt of the crime charged. Accordingly it was not an improvident exercise of the court’s discretion to deny the defendant’s motion to withdraw his plea without holding a hearing. Thompson, J. P., Brown, Balletta and Miller, JJ., concur.