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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS PANTOJAS, Appellant.

Ordered that the judgment is affirmed.

We disagree with the defendant's contention that the court erred in denying his motion to withdraw his plea of guilty. The decision of whether to permit a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the sentencing court (see, CPL 220.60; People v Frederick, 45 N.Y.2d 520, 524-525; People v Brownlee, 158 A.D.2d 610, 611). The plea was entered into knowingly, intelligently, and with adequate representation by counsel. The record does not support the defendant's claim that he pleaded guilty solely in order to allow his girlfriend and codefendant to avoid incarceration. Moreover, the defendant has offered only an unsubstantiated and generalized claim of innocence, which is insufficient to entitle him to withdraw his plea (see, People v Bourdonnay, 160 A.D.2d 1014; People v Duff, 158 A.D.2d 711). Bracken, J.P., Sullivan, Lawrence and Ritter, JJ., concur.

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PEOPLE v. PANTOJAS
(Apr 20, 1992)