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People v. Pettiford

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 856 (N.Y. App. Div. 1987)

Opinion

October 26, 1987

Appeal from the County Court, Westchester County (White, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the sentencing court did not abuse its discretion in denying his motion to withdraw his plea of guilty, based on unsubstantiated claims of innocence. The defendant was thoroughly allocuted in open court during which time he was advised of his rights and at which time he assured the court that he was pleading voluntarily and knowingly. The defendant gave a detailed description of the facts pertaining to the burglary for which he was charged. Furthermore, the defendant was not a neophyte in the criminal justice system, having been arrested previously eight times and sentenced to incarceration on at least two prior occasions. Accordingly, the defendant's subsequent unsubstantiated claim that he was coerced into pleading guilty for a crime which he did not commit constituted an insufficient basis upon which to vacate his plea of guilty (see, People v. Frederick, 45 N.Y.2d 520, 523; People v. Dixon, 29 N.Y.2d 55). Mollen, P.J., Bracken, Rubin, Kooper and Spatt, JJ., concur.


Summaries of

People v. Pettiford

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1987
133 A.D.2d 856 (N.Y. App. Div. 1987)
Case details for

People v. Pettiford

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES PETTIFORD…

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

Date published: Oct 26, 1987

Citations

133 A.D.2d 856 (N.Y. App. Div. 1987)

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