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People v. Losicco

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1988
137 A.D.2d 621 (N.Y. App. Div. 1988)

Opinion

February 8, 1988

Appeal from the County Court, Nassau County (Santagata, J.).


Ordered that the judgment is affirmed.

The County Court did not abuse its discretion (see, CPL 220.60) in denying the defendant's motion to withdraw his guilty plea without an evidentiary hearing (see, People v Frederick, 45 N.Y.2d 520; People v Tinsley, 35 N.Y.2d 926, 927). The defendant's conclusory assertions that he was "sick" and "confused" when he entered his plea of guilty to 1 reduced count in satisfaction of an 11-count indictment are refuted by the record of the plea allocution (see, People v Corwise, 120 A.D.2d 604; cf., People v King, 110 A.D.2d 856). His bald allegation of innocence did not entitle him to withdraw his guilty plea (see, People v Matta, 103 A.D.2d 756; People v Stubbs, 92 A.D.2d 923). The inquiry conducted by the County Court was sufficient for determination of the motion, which was properly denied. Mangano, J.P., Kunzeman, Rubin, Kooper and Harwood, JJ., concur.


Summaries of

People v. Losicco

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1988
137 A.D.2d 621 (N.Y. App. Div. 1988)
Case details for

People v. Losicco

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH LOSICCO…

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

Date published: Feb 8, 1988

Citations

137 A.D.2d 621 (N.Y. App. Div. 1988)

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