People v. Smith

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID SMITH, Appellant

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

Date published: May 14, 1998

250 A.D.2d 448 (N.Y. App. Div. 1998)

672 N.Y.S.2d 698

Opinion

May 14, 1998

Appeal from the Supreme Court, New York County (Mary McGowan Davis, J.).

Defendant's motion to withdraw his plea was properly denied without a hearing. The record indicates that a favorable plea was entered after a thorough allocution, and that defendant admitted that he committed the charged acts, negating defendant's conclusory claims of innocence, coercion, and ineffective assistance of counsel ( see, People v. Fiumefreddo, 82 N.Y.2d 536; People v. Swinson, 240 A.D.2d 299, lv denied 90 N.Y.2d 911). Defendant was afforded a reasonable opportunity to present his claims in statements made to the court and no further inquiry was necessary.

Concur — Sullivan, J.P., Rosenberger, Williams and Tom, JJ.