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THE PEOPLE, ETC., respondent, v. DONALD TELFAIR, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

It is well settled that a motion to withdraw a plea of guilty is addressed to the sound discretion of the court (see CPL 220.60; People v. Flakes, 240 A.D.2d 428; People v. McGriff, 216 A.D.2d 330). In this case, the defendant's unsupported conclusory allegations of innocence and pressure by his attorney to accept a plea of guilty did not warrant the vacatur of his plea (see People v. Flakes, supra; People v. Dickerson, 163 A.D.2d 610). Despite his subsequent protestations, the defendant knowingly, intelligently, and voluntarily pleaded guilty with the competent assistance of counsel, and there is nothing in the record which would indicate that the plea was either improvident or baseless (see People v. Flakes, supra). Accordingly, the County Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty without holding a hearing (see People v. Dickerson, supra).

SANTUCCI, J.P., SMITH, GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.

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PEOPLE v. TELFAIR
(Nov 12, 2002)