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People v. Oquendo

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 2005
17 A.D.3d 701 (N.Y. App. Div. 2005)

Opinion

2002-08361.

April 25, 2005.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered August 8, 2002, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.

Richard L. Herzfeld, New York, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Catherine A. Walsh of counsel), for respondent.

Before: Prudenti, P.J., Schmidt, Santucci, Luciano and Spolzino, JJ., concur.


Ordered that the judgment is affirmed.

The County Court providently exercised its discretion in denying the defendant's pro se motion to vacate his plea of guilty, without a hearing. The defendant's conclusory allegations that he was innocent and that he was coerced by the codefendant and the codefendant's family were belied by the plea proceedings and were insufficient to warrant vacatur of the plea ( see People v. Frederick, 45 NY2d 520; People v. Potter, 294 AD2d 603, 604; People v. Dunbar, 260 AD2d 644; People v. Barnett, 258 AD2d 526).


Summaries of

People v. Oquendo

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 2005
17 A.D.3d 701 (N.Y. App. Div. 2005)
Case details for

People v. Oquendo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ILDEFONSO OQUENDO…

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

Date published: Apr 25, 2005

Citations

17 A.D.3d 701 (N.Y. App. Div. 2005)
792 N.Y.S.2d 918

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