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People v. Burgos

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1991
177 A.D.2d 587 (N.Y. App. Div. 1991)

Opinion

November 12, 1991

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


Ordered that the judgment is affirmed.

A motion to withdraw a plea of guilty is addressed to the sound discretion of the sentencing court (CPL 220.60; People v Rodriguez, 150 A.D.2d 812). The record reveals that the defendant knowingly and voluntarily pleaded guilty in the presence of his counsel, after the court had fully advised him of his rights, had fully apprised him of the consequences of his plea, and had obtained his acknowledgment of the factual circumstances surrounding the charged crime (see, People v. Harris, 61 N.Y.2d 9; People v. Dominguez, 151 A.D.2d 497; People v. Rodriguez, supra; People v. Pettway, 140 A.D.2d 721).

Furthermore, we reject the defendant's contention that he was denied the effective assistance of counsel on his pro se application to withdraw his plea before sentencing. The defendant's conclusory assertion at the time of sentencing that he had been "improperly informed" and his bald allegations of innocence are belied by his plea allocution. The defendant was not prejudiced by his counsel's failure to amplify his pro se contentions (see, People v. Glasper, 151 A.D.2d 692; People v Brown, 126 A.D.2d 898; People v. Kelsch, 96 A.D.2d 677).

We have considered the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Balletta, J.P., Rosenblatt, Ritter and Copertino, JJ., concur.


Summaries of

People v. Burgos

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1991
177 A.D.2d 587 (N.Y. App. Div. 1991)
Case details for

People v. Burgos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE BURGOS, Appellant

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

Date published: Nov 12, 1991

Citations

177 A.D.2d 587 (N.Y. App. Div. 1991)
576 N.Y.S.2d 302

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