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People v. Brown

Appellate Division of the Supreme Court of New York, Third Department
Dec 6, 1990
168 A.D.2d 702 (N.Y. App. Div. 1990)

Opinion

December 6, 1990

Appeal from the County Court of Montgomery County (Aison, J.).


There was no abuse of discretion in County Court's denial of defendant's motion to withdraw his plea of guilty. A complete and thorough plea allocution was made and no evidence was presented other than defendant's self-serving assertions to support his motion (see, People v. Franco, 145 A.D.2d 837; People v. Zuk, 130 A.D.2d 886, lv. denied 70 N.Y.2d 659). Nor was it improper for the court not to have conducted a full evidentiary hearing. The record establishes that the court gave defendant ample opportunity to set forth and substantiate his claims before making its decision (see, supra). Finally, it is clear from the record that defendant was provided with effective assistance of counsel (see, People v. Bell, 141 A.D.2d 749).

Judgment affirmed. Mahoney, P.J., Casey, Weiss, Mercure and Harvey, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Third Department
Dec 6, 1990
168 A.D.2d 702 (N.Y. App. Div. 1990)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY J. BROWN…

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

Date published: Dec 6, 1990

Citations

168 A.D.2d 702 (N.Y. App. Div. 1990)
563 N.Y.S.2d 860

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