People v. McNair

— Judgment unanimously affirmed. Memorandum: The sentencing court did not abuse its discretion in denying defendant’s motion to withdraw his guilty plea. Defendant’s belated protestations of innocence, unsubstantiated claims of mental incapacity and groundless allegations of ineffective assistance of counsel are insufficient to warrant a hearing on the motion (see, People v Barnett, 136 AD2d 555, lv denied 71 NY2d 966; People v Irizzary, 125 AD2d 589, lv denied 69 NY2d 829). Moreover, because defendant was afforded a reasonable opportunity to set forth the grounds for his withdrawal…