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People v. Turner

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1988
137 A.D.2d 774 (N.Y. App. Div. 1988)

Opinion

February 22, 1988

Appeal from the Supreme Court, Westchester County (McMahon, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the sentencing court did not err in adjudicating him a second felony offender based upon his 1971 felony conviction (see, People v Pendergrass, 115 A.D.2d 497; People v Mangiapane, 87 A.D.2d 851). Moreover, the court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea since the plea minutes demonstrate that the defendant's claims of coercion and/or misunderstanding were baseless and conclusory (see, People v Kafka, 128 A.D.2d 895, lv denied 69 N.Y.2d 951; People v Colon, 114 A.D.2d 967, lv denied 67 N.Y.2d 650). Mollen, P.J., Lawrence, Eiber, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Turner

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1988
137 A.D.2d 774 (N.Y. App. Div. 1988)
Case details for

People v. Turner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MILTON E. TURNER…

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

Date published: Feb 22, 1988

Citations

137 A.D.2d 774 (N.Y. App. Div. 1988)