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People v. Beach

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1996
225 A.D.2d 364 (N.Y. App. Div. 1996)

Opinion

March 12, 1996

Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).


Defendant's motion to withdraw his plea was properly denied. Defendant was afforded a reasonable opportunity to present his specific contentions by means of both written and oral applications ( People v Woodard, 208 A.D.2d 411, lv denied 84 N.Y.2d 1040). "The minutes of the plea proceeding establish that the plea was entered knowingly and voluntarily, belying defendant's unsupported claims, inter alia, of coercion and ineffective assistance of counsel." ( People v Galarza, 219 A.D.2d 514. ) New counsel need not have been appointed simply because counsel declined to join in defendant's pro se application to withdraw the plea. We note the court adequately addressed defendant's contentions and find the court properly rejected his motion on the merits ( cf., People v Sides, 75 N.Y.2d 822, 824-825).

Concur — Wallach, J.P., Ross, Nardelli, Williams and Mazzarelli, JJ.


Summaries of

People v. Beach

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1996
225 A.D.2d 364 (N.Y. App. Div. 1996)
Case details for

People v. Beach

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODOLFO BEACH…

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

Date published: Mar 12, 1996

Citations

225 A.D.2d 364 (N.Y. App. Div. 1996)
638 N.Y.S.2d 653

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