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People v. Owen

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1998
249 A.D.2d 492 (N.Y. App. Div. 1998)

Opinion

April 20, 1998

Appeal from the Westchester County (Angiolillo, J.)


Ordered that the judgment is affirmed.

The County Court providently exercised its discretion in denying the defendant's motion to vacate his plea of guilty ( see, CPL 220.60; People v. Ellerbe, 237 A.D.2d 299). The defendant's bare assertion that he was coerced by his attorney into entering the plea agreement was flatly refuted by the record of the plea proceeding and does not warrant vacatur of the plea ( see, People v. Hernandez, 236 A.D.2d 557; People v. Sider, 232 A.D.2d 666). Since this and the other bases of the defendant's application to withdraw his plea were facially without merit, no formal evidentiary hearing was necessary ( see, People v. Billings, 208 A.D.2d 941; People v. Morris, 118 A.D.2d 595).

The defendant, who pleaded guilty with the understanding that he would receive the sentence which was actually imposed, has no basis to now complain that his sentence was excessive ( see, People v. Kazepis, 101 A.D.2d 816, 817).

The defendant's remaining contentions are unpreserved for appellate review ( see, People v. Lopez, 71 N.Y.2d 662; People v. Pellegrino, 60 N.Y.2d 636; People v. Ramsammy, 246 A.D.2d 675).

Rosenblatt, J.P., Sullivan, Joy and Altman, JJ., concur.


Summaries of

People v. Owen

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1998
249 A.D.2d 492 (N.Y. App. Div. 1998)
Case details for

People v. Owen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH OWEN, Appellant

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

Date published: Apr 20, 1998

Citations

249 A.D.2d 492 (N.Y. App. Div. 1998)
671 N.Y.S.2d 675