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People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 1994
203 A.D.2d 302 (N.Y. App. Div. 1994)

Opinion

April 4, 1994

Appeal from the Supreme Court, Queens County (O'Dwyer, J.).


Ordered that the judgment is affirmed.

The general waiver of appeal rights which the defendant executed upon his plea of guilty did not effectively waive the claim that the plea itself was involuntary, which he now raises on appeal (see, People v Seaberg, 74 N.Y.2d 1, 11).

The court did not improvidently exercise its discretion in denying the defendant's motion to vacate his plea of guilty without conducting a further inquiry (see, CPL 220.60; People v Frederick, 45 N.Y.2d 520, 527). The defendant's claim of coercion which formed the basis of his motion was belied by his unequivocal response at the plea allocution that he had not been coerced into entering the plea. Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 1994
203 A.D.2d 302 (N.Y. App. Div. 1994)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BILLY JACKSON…

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

Date published: Apr 4, 1994

Citations

203 A.D.2d 302 (N.Y. App. Div. 1994)
612 N.Y.S.2d 897

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