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People v. Bumford

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 550 (N.Y. App. Div. 1994)

Opinion

June 6, 1994

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


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his guilty plea without conducting a hearing. Since there was nothing in the record to suggest that the defendant's plea was either improvident or baseless, the defendant's bare assertion that he was innocent was insufficient to warrant withdrawal of the plea (see, People v. Chestnut, 188 A.D.2d 480). In addition, there is no merit to the defendant's contention that his plea was not knowingly or intelligently entered (see, People v. Harris, 61 N.Y.2d 9).

Finally, since the court imposed the sentence which was promised, the defendant has no basis to complain that his sentence was excessive (see, People v. Kazepis, 101 A.D.2d 816). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.


Summaries of

People v. Bumford

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 1994
205 A.D.2d 550 (N.Y. App. Div. 1994)
Case details for

People v. Bumford

Case Details

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

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

Date published: Jun 6, 1994

Citations

205 A.D.2d 550 (N.Y. App. Div. 1994)
614 N.Y.S.2d 263