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People v. Freeman

Appellate Division of the Supreme Court of New York, Second Department
Aug 8, 1983
96 A.D.2d 867 (N.Y. App. Div. 1983)

Opinion

August 8, 1983


Appeal by defendant from a judgment of the Supreme Court, Queens County (Dubin, J.), rendered February 4, 1982, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, without a hearing, of the defendant's motion to vacate his plea of guilty. Judgment affirmed. Under the circumstances of this case, Criminal Term did not abuse its discretion in denying, without a hearing, the defendant's motion to withdraw his guilty plea, particularly where the defendant's contentions were fully set out in his motion papers, the defendant did not assert his innocence, and the plea minutes provided an unequivocal basis for the rejection of the defendant's contentions (see People v Frederick, 45 N.Y.2d 520, 524-525; People v Friedman, 39 N.Y.2d 463; People v Tinsley, 35 N.Y.2d 926; see, also, People v Harris, 79 A.D.2d 615; People v Kaye, 91 A.D.2d 690). Damiani, J.P., Titone, Mangano and Gibbons, JJ., concur.


Summaries of

People v. Freeman

Appellate Division of the Supreme Court of New York, Second Department
Aug 8, 1983
96 A.D.2d 867 (N.Y. App. Div. 1983)
Case details for

People v. Freeman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERALD FREEMAN…

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

Date published: Aug 8, 1983

Citations

96 A.D.2d 867 (N.Y. App. Div. 1983)

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