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People v. Caufield

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2008
57 A.D.3d 796 (N.Y. App. Div. 2008)

Opinion

Nos. 2005-03875, 2005-04203.

December 16, 2008.

Appeals by the defendant from (1) a judgment of the County Court, Nassau County (Carter, J.), rendered April 1, 2005, convicting him of murder in the second degree under indictment No. 2595/01, upon his plea of guilty, and imposing sentence, and (2) a judgment of the same court, also rendered April 1, 2005, convicting him of manslaughter in the first degree under indictment No. 2116/03, upon his plea of guilty, and imposing sentence.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Jason P. Weinstein of counsel), for respondent.

Before: Spolzino, J.P., Covello, Angiolillo and Chambers, JJ. concur.


Ordered that the judgments are affirmed.

The court did not improvidently exercise its discretion in denying, without an evidentiary hearing, the defendant's motion to withdraw his pleas of guilty. The defendant's conclusory allegations that he was coerced to enter the plea agreements were directly belied by the record of the plea proceedings ( see People v Owens, 43 AD3d 1185; People v Morales, 17 AD3d 487; People v Rangolan, 295 AD2d 543; People v Fernandez, 291 AD2d 456).

The defendant's remaining contention is without merit.


Summaries of

People v. Caufield

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 2008
57 A.D.3d 796 (N.Y. App. Div. 2008)
Case details for

People v. Caufield

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH CAUFIELD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 16, 2008

Citations

57 A.D.3d 796 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 10017
868 N.Y.S.2d 908

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