From Casetext: Smarter Legal Research

People v. Swinson

Appellate Division of the Supreme Court of New York, First Department
Jun 19, 1997
240 A.D.2d 299 (N.Y. App. Div. 1997)

Opinion

June 19, 1997

Appeal from the Supreme Court, New York County (Harold Beeler, J.).


Defendant's motion to withdraw his plea was properly denied. Defendant was afforded a reasonable opportunity to present his specific assertions by means of written application and the court considered the motion extensively prior to sentencing ( People v Woodard, 208 A.D.2d 411, lv denied 84 N.Y.2d 1040). The minutes of the plea proceeding established that a favorable plea was entered knowingly and voluntarily, after a thorough allocution, belying defendant's unsupported claims that his plea was involuntary and coerced by his attorney ( see, People v. Fiumefreddo, 82 N.Y.2d 536; People v. Jackson, 186 A.D.2d 389, lv denied 81 N.Y.2d 790).

We have considered defendant's other claims and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Williams and Colabella, JJ.


Summaries of

People v. Swinson

Appellate Division of the Supreme Court of New York, First Department
Jun 19, 1997
240 A.D.2d 299 (N.Y. App. Div. 1997)
Case details for

People v. Swinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR SWINSON…

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

Date published: Jun 19, 1997

Citations

240 A.D.2d 299 (N.Y. App. Div. 1997)
659 N.Y.S.2d 747

Citing Cases

People v. Smith

Defendant's motion to withdraw his plea was properly denied without a hearing. The record indicates that a…

People v. Senghor

Defendant's motion to withdraw his plea was properly denied without a hearing and without appointment of new…