People v. McKinnon

Appeal from a judgment of the Cayuga County Court (Peter E. Corning, J.), rendered September 6, 2002. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: County Court did not abuse its discretion in denying, without a hearing, the motion of defendant to withdraw his guilty plea (see People v Overton, 297 AD2d 565 [2002], lv denied 99 NY2d 562 [2002]). “The defendant’s conclusory and unsubstantiated assertion…