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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARION FLAGG, Appellant.

Ordered that the judgment is affirmed.

The defendant waived his right to seek appellate review of the denial of his motion for a severance as a result of his guilty plea (People v Decker, 135 A.D.2d 920).

The court did not improvidently exercise its discretion in denying the defendant's presentence motion to withdraw his plea of guilty, since the allegations made in support of that motion were conclusory and unsubstantiated (see, People v Pettiford, 133 A.D.2d 856).

Finally, the sentence imposed was appropriate, notwithstanding the fact that the defendant's accomplices, who pleaded guilty to lesser crimes, received lesser sentences. Bracken, J.P., Kunzeman, Kooper and Balletta, JJ., concur.

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PEOPLE v. FLAGG
(Nov 13, 1989)