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People v. McAllister

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 641 (N.Y. App. Div. 1998)

Opinion

March 23, 1998

Appeal from the County Court, Nassau County (Wexner, J.).


Ordered that the judgment is affirmed.

The court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty without holding an evidentiary hearing (see, CPL 220.60; People v. Dickerson, 163 A.D.2d 610). The defendant's belated and unsubstantiated claim of innocence, upon which his motion was based, was belied by his earlier admission of guilt during his plea of guilty (see, People v. Butler, 198 A.D.2d 427; People v. Smith, 192 A.D.2d 732).

Rosenblatt, J. P., Sullivan, Joy and Luciano, JJ., concur.


Summaries of

People v. McAllister

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 641 (N.Y. App. Div. 1998)
Case details for

People v. McAllister

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES McALLISTER…

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

Date published: Mar 23, 1998

Citations

248 A.D.2d 641 (N.Y. App. Div. 1998)
669 N.Y.S.2d 952

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