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People v. Gardner

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1989
150 A.D.2d 722 (N.Y. App. Div. 1989)

Opinion

May 22, 1989

Appeal from the Supreme Court, Kings County (Marano, J.).


Ordered that the judgment is affirmed.

The plea minutes clearly establish that the defendant knowingly and voluntarily pleaded guilty after consultation with counsel. At sentencing, the defendant sought to withdraw his guilty plea, claiming that he was innocent, but he offered no substantiation for such an assertion nor any explanation for his entry of the guilty plea. A defendant is not entitled to withdraw a guilty plea on a bare allegation of innocence (see, People v Grady, 110 A.D.2d 780). The sentencing court allowed the defendant a reasonable opportunity to present his contentions; and in the face of the bald conclusory allegations presented, the court properly denied the motion without a hearing (see, People v Frederick, 45 N.Y.2d 520, 524-525; People v Morris, 118 A.D.2d 595, 596). Thompson, J.P., Kunzeman, Eiber, Spatt and Balletta, JJ., concur.


Summaries of

People v. Gardner

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1989
150 A.D.2d 722 (N.Y. App. Div. 1989)
Case details for

People v. Gardner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONNIE GARDNER, Also…

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

Date published: May 22, 1989

Citations

150 A.D.2d 722 (N.Y. App. Div. 1989)
541 N.Y.S.2d 592

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