PEOPLE v. DIAZ

Judgment unanimously affirmed.

Memorandum:

Contrary to the contention of defendant, Supreme Court did not abuse its discretion in denying his motion to withdraw his plea of guilty without conducting a hearing. Defendant's conclusory assertion of innocence was insufficient to warrant a hearing ( see, People v. Miller, 275 A.D.2d 925, 926, lv denied 95 N.Y.2d 936).