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People v. Gelzer

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1995
212 A.D.2d 630 (N.Y. App. Div. 1995)

Opinion

February 14, 1995

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


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the Supreme Court properly exercised its discretion in denying, without a hearing, his application to withdraw his plea (see, People v. Simon, 196 A.D.2d 851, 852). The defendant's application was based upon conclusory and unsupported allegations of coercion and inadequate representation. Such claims were insufficient to support the defendant's motion to withdraw his plea (see, People v. Young, 194 A.D.2d 307; People v. Alicea, 191 A.D.2d 702; People v. Diaz, 162 A.D.2d 405).

Additionally, the defendant received the bargained-for sentence and, therefore, has no cause to complain that the sentence imposed is excessive (see, People v. Kazepis, 101 A.D.2d 816, 817). Moreover, we decline to exercise our interest of justice jurisdiction to reduce the defendant's sentence. Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.


Summaries of

People v. Gelzer

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1995
212 A.D.2d 630 (N.Y. App. Div. 1995)
Case details for

People v. Gelzer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE GELZER…

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

Date published: Feb 14, 1995

Citations

212 A.D.2d 630 (N.Y. App. Div. 1995)
623 N.Y.S.2d 142

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