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People v. Desire

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1987
131 A.D.2d 871 (N.Y. App. Div. 1987)

Opinion

June 29, 1987

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


Ordered that the judgment is affirmed.

During his plea allocution, the defendant assured the court that no promises had been made concerning the conditions of his plea other than the court's promise to impose a sentence of 2 to 4 years' imprisonment. The plea allocution also reflects that the plea was knowingly and voluntarily entered following an opportunity to consult with the defendant's attorney. In view of these circumstances, despite the defendant's subsequent conclusory allegations at sentencing that his guilty plea was entered upon misadvice from counsel concerning the conditions of his sentence, the court was not under any obligation to conduct a further inquiry or to conduct an evidentiary hearing on the defendant's attempt to withdraw his plea (see, People v Morris, 118 A.D.2d 595, lv denied 67 N.Y.2d 947; People v Stubbs, 110 A.D.2d 725). Mollen, P.J., Brown, Weinstein, Eiber and Harwood, JJ., concur.


Summaries of

People v. Desire

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1987
131 A.D.2d 871 (N.Y. App. Div. 1987)
Case details for

People v. Desire

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RON DESIRE, Appellant

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

Date published: Jun 29, 1987

Citations

131 A.D.2d 871 (N.Y. App. Div. 1987)

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