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People v. Samuel

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 776 (N.Y. App. Div. 1994)

Opinion

October 17, 1994

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


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied the branches of his omnibus motion which were to suppress the physical evidence recovered from his person and the identifications made by the complainants (see, People v. Chipp, 75 N.Y.2d 327, 338, cert denied 498 U.S. 833; People v. De Bour, 40 N.Y.2d 210, 223; People v. Batash, 163 A.D.2d 399, 400; People v Tromp, 160 A.D.2d 750). Further, the court properly denied the defendant's motion to withdraw his plea of guilty. The defendant had sought to withdraw his plea on the grounds that he had been coerced by his attorney, alleging that his attorney had warned him of the strength of the prosecution's case and the likelihood of a lengthy sentence in the event he was convicted after a trial. However, we find that even if the defendant's allegations are true, they do not constitute coercion on the part of his counsel (see, People v Anthony, 188 A.D.2d 477). In any event, the defendant's claims of coercion are wholly belied by the fact that during his plea allocution, the defendant had unequivocally stated he had not been coerced into entering the plea (see, People v. Jackson, 203 A.D.2d 302).

The defendant's remaining contentions are without merit (see, People v. Baldi, 54 N.Y.2d 137, 147; People v. Misuis, 47 N.Y.2d 979; People v. Wise, 46 N.Y.2d 321). Copertino, J.P., Pizzuto, Altman and Hart, JJ., concur.


Summaries of

People v. Samuel

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 776 (N.Y. App. Div. 1994)
Case details for

People v. Samuel

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN SAMUEL…

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

Date published: Oct 17, 1994

Citations

208 A.D.2d 776 (N.Y. App. Div. 1994)
617 N.Y.S.2d 494

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