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People v. Fernandez

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 241 (N.Y. App. Div. 2000)

Opinion

Submitted November 8, 2000.

December 6, 2000.

Appeal by the defendant from a judgment of the County Court, Westchester County (Angiolillo, J.), rendered February 3, 1999, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

Gary Mitchell Gash, White Plains, N.Y. (Philip F. Menna of counsel), for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Karen D. Herbert and Robert K. Sauer of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contentions in support of his motion to withdraw his plea of guilty, including his assertion that his counsel coerced him into pleading guilty, were unsubstantiated, and were contradicted by statements he made during the plea proceedings. Accordingly, the County Court providently exercised its discretion in denying the motion without a hearing (see, People v. Tinsley, 35 N.Y.2d 926, 927; People v. Cervino, 232 A.D.2d 501; People v. Santana, 176 A.D.2d 360).


Summaries of

People v. Fernandez

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 241 (N.Y. App. Div. 2000)
Case details for

People v. Fernandez

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. MICHAEL FERNANDEZ, APPELLANT. (IND. NO…

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

Date published: Dec 6, 2000

Citations

278 A.D.2d 241 (N.Y. App. Div. 2000)
717 N.Y.S.2d 903

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