People v. Mitchell

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered March 13, 1989, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The decision as to whether to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the sentencing court (see, People v Pettway, 140 AD2d 721; People v Melendez, 135 AD2d 660). As a defendant may not withdraw a guilty plea by an unsupported assertion of innocence where the plea was voluntarily…