From Casetext: Smarter Legal Research

People v. Montalvo

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1996
228 A.D.2d 197 (N.Y. App. Div. 1996)

Opinion

June 6, 1996

Appeal from the Supreme Court, New York County, Marcy Kahn, J., Budd Goodman, J.


Defendant's motion to withdraw his plea was properly denied without a hearing upon this record showing that a favorable plea was entered after a thorough allocution, belying defendant's unsupported claims that his plea was induced by his attorney's coercion and ineffectiveness ( see, People v. Fiumefreddo, 82 N.Y.2d 536; People v. Galarza, 219 A.D.2d 514). Defendant was given an adequate opportunity to present these claims in written submissions to the court, including that of his new attorney appointed to represent him on the motion, and no further inquiry was necessary ( see, People v. Galarza, supra).

Concur — Milonas, J.P., Rosenberger, Ross and Tom, JJ.


Summaries of

People v. Montalvo

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1996
228 A.D.2d 197 (N.Y. App. Div. 1996)
Case details for

People v. Montalvo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH MONTALVO…

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

Date published: Jun 6, 1996

Citations

228 A.D.2d 197 (N.Y. App. Div. 1996)
643 N.Y.S.2d 342

Citing Cases

People v. Rodriguez

Judgment, Supreme Court, New York County (John Bradley, J.), rendered October 24, 1994, convicting defendant,…

People v. Lebron

Judgment, Supreme Court, New York County (John Bradley, J.), rendered December 14, 1994, convicting…