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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES McALLISTER, Appellant.

Ordered that the judgment is affirmed.

The court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty without holding an evidentiary hearing (see, CPL 220.60; People v. Dickerson, 163 A.D.2d 610). The defendant's belated and unsubstantiated claim of innocence, upon which his motion was based, was belied by his earlier admission of guilt during his plea of guilty (see, People v. Butler, 198 A.D.2d 427; People v. Smith, 192 A.D.2d 732).

Rosenblatt, J. P., Sullivan, Joy and Luciano, JJ., concur.

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PEOPLE v. McALLISTER
(Mar 23, 1998)