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People v. Hughes

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 1989
156 A.D.2d 130 (N.Y. App. Div. 1989)

Opinion

December 5, 1989

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


This appeal brings up for review the denial without a hearing on the oral motions to withdraw the guilty plea, made by defendant and his counsel at sentencing. The defendant failed to provide particulars of his allegations of coercion, emotional distress and innocence. Further, contrary to defendant's assertion, his motion to withdraw his guilty plea was not summarily denied. Both defendant and his counsel were given ample opportunity to present arguments in support of the motion. Considering the totality of the circumstances, including the interrogation by the court, we find that no error resulted from the absence of an evidentiary hearing (see, People v Tinsley, 35 N.Y.2d 926, 927; People v Frederick, 45 N.Y.2d 520, 525).

Concur — Sullivan, J.P., Carro, Milonas, Ellerin and Wallach, JJ.


Summaries of

People v. Hughes

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 1989
156 A.D.2d 130 (N.Y. App. Div. 1989)
Case details for

People v. Hughes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM HUGHES…

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

Date published: Dec 5, 1989

Citations

156 A.D.2d 130 (N.Y. App. Div. 1989)
548 N.Y.S.2d 176

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