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People v. Goncalves

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 924 (N.Y. App. Div. 1997)

Opinion

May 30, 1997

Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.


Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that his guilty plea was not voluntarily, knowingly and intelligently made. Defendant entered his plea in the presence of counsel after County Court fully apprised him of the consequences of the plea (see, People v. Alexander, 185 A.D.2d 712, lv denied 80 N.Y.2d 926; People v. O'Keefe, 170 A.D.2d 1020, lv denied 77 N.Y.2d 965). The conclusory allegation of defendant that the court, the prosecutor and defense counsel coerced him into pleading guilty is not supported by the record. Further, in light of the unsupported and conclusory allegations of defendant that he was coerced into pleading guilty, the court properly denied his CPL 440.10 motion without a hearing (see, People v. Smith, 227 A.D.2d 987, lv denied 88 N.Y.2d 995; People v. Mills, 194 A.D.2d 1016, lv denied 82 N.Y.2d 899). (Appeal from Judgment of Onondaga County Court, Mulroy, J. — Reckless Endangerment, 1st Degree.)


Summaries of

People v. Goncalves

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 924 (N.Y. App. Div. 1997)
Case details for

People v. Goncalves

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANUEL GONCALVES…

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

Date published: May 30, 1997

Citations

239 A.D.2d 924 (N.Y. App. Div. 1997)
661 N.Y.S.2d 579

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