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People v. Clarke

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1998
251 A.D.2d 7 (N.Y. App. Div. 1998)

Opinion

June 2, 1998

Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).


The court properly denied defendant's motion to withdraw his plea, without holding a hearing. Defendant's incredible claim of intoxication from his alleged ingestion of drugs ten minutes before taking the plea was contradicted by defendant's lucid plea allocution and the court's own recollection of defendant's normal demeanor there at (see, People v. Bermudez, 228 A.D.2d 237, lv denied 89 N.Y.2d 919; People v. Rivera, 191 A.D.2d 209, appeal withdrawn 81 N.Y.2d 975).

Concur — Sullivan, J. P., Milonas, Rosenberger, Nardelli and Williams, JJ.


Summaries of

People v. Clarke

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1998
251 A.D.2d 7 (N.Y. App. Div. 1998)
Case details for

People v. Clarke

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN CLARKE, Appellant

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

Date published: Jun 2, 1998

Citations

251 A.D.2d 7 (N.Y. App. Div. 1998)
673 N.Y.S.2d 648

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