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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1998
255 A.D.2d 531 (N.Y. App. Div. 1998)

Opinion

November 23, 1998

Appeal from the County Court, Nassau County (Boklan, J.).


Ordered that the judgment is affirmed.

The County Court did not improvidently exercise its discretion in refusing to recuse itself from the motion, upon remittitur ( see, People v. Moreno, 70 N.Y.2d 403, 405; People v. Davenport, 173 A.D.2d 633, cert denied 502 U.S. 1106).

The County Court properly rejected the defendant's unsupported assertions of coercion and concluded that his plea of guilty was entered knowingly, voluntarily, and intelligently ( see, People v. Palmeri, 227 A.D.2d 418). Moreover, the defendant has received the benefit of his bargain ( see, People v. Ray, 245 A.D.2d 393).

O'Brien, J. P., Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1998
255 A.D.2d 531 (N.Y. App. Div. 1998)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY SMITH…

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

Date published: Nov 23, 1998

Citations

255 A.D.2d 531 (N.Y. App. Div. 1998)
680 N.Y.S.2d 170

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