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People v. Williams

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1994
210 A.D.2d 161 (N.Y. App. Div. 1994)

Opinion

December 22, 1994

Appeal from the Supreme Court, New York County (Joan Carey, J.).


Defendant's contention that the trial court had to either grant his motion to withdraw his guilty plea or hold an immediate hearing on the voluntariness of his plea is without merit. "The nature and extent of the fact-finding procedures prerequisite to the disposition of [plea withdrawal] motions rest largely in the discretion of the Judge to whom the motion is made." (People v Tinsley, 35 N.Y.2d 926, 927; CPL 220.60.) The record reveals that the court both afforded the defendant a reasonable opportunity to advance his claim (supra), and was sufficiently familiar with this defendant and the facts of this case to assess the motion and reject defendant's belated and conclusory assertions without further inquiry (People v Dixon, 29 N.Y.2d 55; People v Richards, 165 A.D.2d 700, lv denied 76 N.Y.2d 990).

Concur — Murphy, P.J., Rosenberger, Ellerin, Rubin and Nardelli, JJ.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1994
210 A.D.2d 161 (N.Y. App. Div. 1994)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN WILLIAMS…

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

Date published: Dec 22, 1994

Citations

210 A.D.2d 161 (N.Y. App. Div. 1994)
620 N.Y.S.2d 954

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