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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 724 (N.Y. App. Div. 1996)

Opinion

February 26, 1996

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


Ordered that the judgment is affirmed.

The court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty. The defendant was afforded a reasonable opportunity to advance his claims, and his unsupported, conclusory allegations of innocence did not warrant the vacatur of the plea. Furthermore, the record reveals that the defendant knowingly, intelligently, and voluntarily pleaded guilty. The defendant's claim that he was misinformed about the nature of the evidence against him is not supported by the record (see, CPL 220.60; People v Frederick, 45 N.Y.2d 520; People v. Tinsley, 35 N.Y.2d 926; People v. Williams, 211 A.D.2d 832; People v. Rios, 211 A.D.2d 689). Mangano, P.J., Thompson, Friedmann and Florio, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 724 (N.Y. App. Div. 1996)
Case details for

People v. Smith

Case Details

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

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

Date published: Feb 26, 1996

Citations

224 A.D.2d 724 (N.Y. App. Div. 1996)
638 N.Y.S.2d 706