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People v. Rancka

Appellate Division of the Supreme Court of New York, Fourth Department
May 28, 1993
193 A.D.2d 1123 (N.Y. App. Div. 1993)

Opinion

May 28, 1993

Appeal from the Chautauqua County Court, Adams, J.

Present — Pine, J.P., Balio, Lawton, Fallon and Davis, JJ.


Judgment unanimously affirmed. Memorandum: There is no merit to defendant's contention that the trial court erred in denying his motion for new counsel without making further inquiry regarding the reasons for the request (see, People v Sides, 75 N.Y.2d 822, 824; People v Sawyer, 57 N.Y.2d 12, 18-19, rearg dismissed 57 N.Y.2d 776, cert denied 459 U.S. 1178; People v Slaughter, 162 A.D.2d 640, 641, lv granted 76 N.Y.2d 944, revd on other grounds 78 N.Y.2d 485).

Furthermore, the record reflects that defendant knowingly, intelligently and voluntarily entered his pleas of guilty (see, People v Nixon, 21 N.Y.2d 338, 353, cert denied sub nom. Robinson v New York, 393 U.S. 1067; People v Latimer, 176 A.D.2d 350). His belated protestations of innocence and claims of coercion do not entitle him to withdraw his pleas (see, People v Latimer, supra; People v Tuttle, 141 A.D.2d 584; People v Melendez, 135 A.D.2d 660, lv denied 70 N.Y.2d 1008). Therefore, we conclude that the court did not abuse its discretion in denying defendant's oral motion, made at the time of sentencing, to withdraw his guilty pleas (see, People v Cannon, 150 A.D.2d 383).


Summaries of

People v. Rancka

Appellate Division of the Supreme Court of New York, Fourth Department
May 28, 1993
193 A.D.2d 1123 (N.Y. App. Div. 1993)
Case details for

People v. Rancka

Case Details

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

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

Date published: May 28, 1993

Citations

193 A.D.2d 1123 (N.Y. App. Div. 1993)
600 N.Y.S.2d 650

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