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People v. Diaz

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 1990
162 A.D.2d 405 (N.Y. App. Div. 1990)

Opinion

June 28, 1990

Appeal from the Supreme Court, New York County (Jay Gold, J.).


The court properly rejected defendant's motion at sentencing to withdraw his guilty plea, which urged that, given his allocution, the court should have further inquired into his guilt before accepting his plea. A sufficient inquiry was made. Bare allegations of innocence or coercion do not mandate the granting of a motion to withdraw a guilty plea, particularly when they follow an admission of complicity at the plea proceeding (People v. Billingsley, 54 N.Y.2d 960, 961), and when they are controverted, as here, by defendant's own counsel. The minutes of the plea and sentencing proceedings refute any contention of off-the-record coercion (see, People v. Frederick, 45 N.Y.2d 520).

Concur — Kupferman, J.P., Sullivan, Asch, Wallach and Smith, JJ.


Summaries of

People v. Diaz

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 1990
162 A.D.2d 405 (N.Y. App. Div. 1990)
Case details for

People v. Diaz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO DIAZ, Appellant

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

Date published: Jun 28, 1990

Citations

162 A.D.2d 405 (N.Y. App. Div. 1990)
557 N.Y.S.2d 58

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