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People v. DeLeon

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1998
254 A.D.2d 430 (N.Y. App. Div. 1998)

Opinion

October 19, 1998

Appeal from the Supreme Court, Kings County (Wade, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the court improperly denied his motion to withdraw his plea of guilty without conducting a hearing is without merit. It is well settled that such a motion is directed to the sound discretion of the court ( People v. Jones, 214 A.D.2d 623, 624; People v. Evans, 204 A.D.2d 346), and the defendant's claim that the plea was coerced is refuted by his statements during the plea allocution that the plea was not the product of coercion ( see, People v. Lisbon, 187 A.D.2d 457, 458; People v. Hall, 195 A.D.2d 521, 522). Additionally, the defendant's claim that he received ineffective assistance of counsel is without merit ( see, People v. Ford, 86 N.Y.2d 397, 404; People v. Baldi, 54 N.Y.2d 137, 147; People v. Bataglia, 237 A.D.2d 295, 296).

Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.


Summaries of

People v. DeLeon

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1998
254 A.D.2d 430 (N.Y. App. Div. 1998)
Case details for

People v. DeLeon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT DeLEON…

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

Date published: Oct 19, 1998

Citations

254 A.D.2d 430 (N.Y. App. Div. 1998)
678 N.Y.S.2d 904

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