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People v. Bell

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1992
183 A.D.2d 837 (N.Y. App. Div. 1992)

Opinion

May 18, 1992

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


Ordered that the judgments are affirmed.

The sentencing court did not improvidently exercise its discretion in denying the defendant's written motion for leave to withdraw his guilty pleas without conducting a formal hearing. The defendant was "fully informed of the rights he was waiving by pleading guilty and admitted the acts constituting the crime[s] without making any claim of innocence" (People v. Cannon, 150 A.D.2d 383). His subsequent claims of innocence and conclusory assertions of coercion, made only through counsel, are not supported by the record and did not warrant a hearing on vacatur of the defendant's pleas (see, People v. Nixon, 21 N.Y.2d 338, cert denied sub nom. Robinson v. New York, 393 U.S. 1067; see also, People v. Dixon, 29 N.Y.2d 55; cf., People v. Stubbs, 92 A.D.2d 923).

The defendant's claim that his sentences should be reduced is without merit. The defendant pleaded guilty with the understanding that he would receive those sentences and he shows no basis to complain that they are excessive (People v. Kazepis, 101 A.D.2d 816). Sullivan, J.P., Harwood, Ritter and Copertino, JJ., concur.


Summaries of

People v. Bell

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1992
183 A.D.2d 837 (N.Y. App. Div. 1992)
Case details for

People v. Bell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT A. BELL…

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

Date published: May 18, 1992

Citations

183 A.D.2d 837 (N.Y. App. Div. 1992)
584 N.Y.S.2d 85

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