People v. Martinez

186 A.D.2d 77, 587 N.Y.S.2d 976, 1992 N.Y. App. Div. LEXIS 10786

Opinion

Judgment, Supreme Court, Bronx County (Frank Diaz, J.), rendered February 5, 1991, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him to a prison term of 2Vi to 5 years, unanimously affirmed.

Denial of defendant’s motion to withdraw his guilty plea was a sound exercise of the sentencing court’s discretion (see, People v Arias, 161 AD2d 176). Defendant, who was represented at argument of the motion by new counsel (see, People v Dixon, 29 NY2d 55, 56), presented only generalized allegations of duress and innocence that did not warrant a full evidentiary hearing (see, People v Hughes, 156 AD2d 130, lv denied 75 NY2d 920). Concur—Wallach, J. P., Kupferman, Asch and Rubin, JJ.