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People v. Shaw

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1991
178 A.D.2d 624 (N.Y. App. Div. 1991)

Opinion

December 23, 1991

Appeal from the Supreme Court, Queens County (Sherman, J.).


Ordered that the judgments are affirmed.

There is no basis for the defendant's claim that the court should have granted his motion to withdraw his pleas of guilty. The defendant pleaded guilty to criminal possession of stolen property in the third degree and three counts of robbery in the first degree in full satisfaction of four indictments. During his detailed plea allocution, the defendant acknowledged that he was voluntarily pleading guilty after consulting with his attorney and that he consented to withdraw any pending motions. Upon moving at sentencing to withdraw his pleas, the defendant offered only bare allegations of innocence. His claim on appeal that his trial attorney coerced him into pleading guilty was expressly disavowed by him when he moved to withdraw his pleas at sentencing. Under the circumstances, the court did not improvidently exercise its discretion in refusing to permit the defendant to withdraw his pleas (see, People v Duff, 158 A.D.2d 711; People v Gilyard, 145 A.D.2d 568; People v Martin, 132 A.D.2d 626). Sullivan, J.P., Lawrence, Rosenblatt and O'Brien, JJ., concur.


Summaries of

People v. Shaw

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1991
178 A.D.2d 624 (N.Y. App. Div. 1991)
Case details for

People v. Shaw

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN SHAW, Also…

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

Date published: Dec 23, 1991

Citations

178 A.D.2d 624 (N.Y. App. Div. 1991)