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People v. Breeden

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 352 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

Appeal from the Supreme Court, Queens County (Sherman, J.).


Ordered that the judgment is affirmed.

After the defendant entered his plea of guilty, he made a written motion to withdraw the plea based, inter alia, on the claim that his attorney had coerced him into pleading guilty. Under these circumstances, where the claim of coercion was directly belied by the record, it was not an improvident exercise of the court's discretion to deny the motion without an evidentiary hearing insofar as it was predicated on a claim of coercion (see, People v Frederick, 45 N.Y.2d 520, 524-525; People v Tinsley, 35 N.Y.2d 926, 927).

The remaining contentions which have been raised by the appellant pro se are either unpreserved for appellate review (see, CPL 470.05) or without merit. Balletta, J.P., Pizzuto, Joy and Altman, JJ., concur.


Summaries of

People v. Breeden

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 352 (N.Y. App. Div. 1995)
Case details for

People v. Breeden

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN BREEDEN…

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

Date published: Nov 6, 1995

Citations

221 A.D.2d 352 (N.Y. App. Div. 1995)
633 N.Y.S.2d 366

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