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People v. Andrews

Appellate Division of the Supreme Court of New York, Second Department
Aug 8, 1994
207 A.D.2d 406 (N.Y. App. Div. 1994)

Opinion

August 8, 1994

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


Ordered that the judgment is affirmed.

We find unpersuasive the defendant's contention that the Supreme Court erred in denying her application to withdraw her plea. The decision of whether to permit the withdrawal of a plea rests within the sound discretion of the court of first instance (see, People v. Sanchez, 175 A.D.2d 817; People v. Dickerson, 163 A.D.2d 610). In this case, the defendant merely offered conclusory and unsubstantiated allegations that her counsel had coerced her into accepting the plea agreement and that she was in fact innocent. Given the total absence of factual support for these claims and the defendant's voluntary and knowing plea, we discern no improvident exercise of discretion in the denial of her application without a hearing (see, People v. Rogers, 163 A.D.2d 337).

We have reviewed the defendant's remaining contention and find it to be without merit. Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.


Summaries of

People v. Andrews

Appellate Division of the Supreme Court of New York, Second Department
Aug 8, 1994
207 A.D.2d 406 (N.Y. App. Div. 1994)
Case details for

People v. Andrews

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAMELA ANDREWS…

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

Date published: Aug 8, 1994

Citations

207 A.D.2d 406 (N.Y. App. Div. 1994)
616 N.Y.S.2d 218

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