PEOPLE v. BADGER

ORDERED that the judgment is affirmed.

The determination whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the court (see, People v. Marzocco, 278 A.D.2d 515; People v. McAllister, 248 A.D.2d 641; People v. Flakes, 240 A.D.2d 428). The defendant's unsubstantiated claim of innocence was refuted by an earlier admission of guilt (see, People v. Marzocco, supra; People v. McAllister, supra; People v. Flakes, supra). Thus, the court providently exercised its discretion in denying the defendant's motion to withdraw his plea without a hearing (see, People v. Marzocco, supra; People v. McAllister, supra; People v. Flakes, supra; cf., People v. De Jesus, 199 A.D.2d 529).

RITTER, J.P., FEUERSTEIN, TOWNES and PRUDENTI, JJ., concur.