From Casetext: Smarter Legal Research

People v. Napoleon

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 1988
139 A.D.2d 535 (N.Y. App. Div. 1988)

Opinion

April 4, 1988

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


Ordered that the judgment is affirmed.

Although given the opportunity to do so, the defendant did not provide the court with any valid basis upon which to permit him to withdraw his plea (see, e.g., People v. Tinsley, 35 N.Y.2d 926; People v. Pearson, 131 A.D.2d 514, lv denied 70 N.Y.2d 754). The defendant's conclusory assertions of innocence and his unsubstantiated claim that he was pressured into pleading guilty are contrary to his plea allocution and did not warrant the granting of his motion to withdraw his plea (see, e.g., People v Braun, 133 A.D.2d 702; People v. Frazier, 132 A.D.2d 617, lv denied 70 N.Y.2d 711; People v. Suba, 130 A.D.2d 526, 527). Thompson, J.P., Bracken, Brown, Weinstein and Spatt, JJ., concur.


Summaries of

People v. Napoleon

Appellate Division of the Supreme Court of New York, Second Department
Apr 4, 1988
139 A.D.2d 535 (N.Y. App. Div. 1988)
Case details for

People v. Napoleon

Case Details

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

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

Date published: Apr 4, 1988

Citations

139 A.D.2d 535 (N.Y. App. Div. 1988)