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PEOPLE v. PEAVY

Appellate Division of the Supreme Court of New York, Fourth Department.
Mar 8, 1996
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Judgment unanimously affirmed. Memorandum: Defendant contends that County Court abused its discretion in denying his motion to withdraw his plea of guilty to rape in the first degree. We disagree. A motion to withdraw a guilty plea is addressed to the sound discretion of the court ( see, CPL 220.60; People v De Jesus, 199 A.D.2d 529). The record establishes that defendant was advised of his rights and that his Alford plea ( see, North Carolina v Alford, 400 U.S. 25) was knowingly, intelligently and voluntarily entered with a full understanding of its consequences ( see, People v Alfieri, 201 A.D.2d 935, lv denied 83 N.Y.2d 908). Additionally, a generalized, unsubstantiated claim of innocence is not sufficient to warrant the vacatur of a plea of guilty ( see, People v De Jesus, supra, at 530; People v Carter, 191 A.D.2d 640). Finally, the prosecutor placed on the record the proof that the People intended to offer at trial and that elaboration contained strong evidence of defendant's guilt ( see, People v Alfieri, supra, at 935-936).