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People v. Quijada-Lopez

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1998
256 A.D.2d 478 (N.Y. App. Div. 1998)

Opinion

December 16, 1998

Appeal from the County Court, Nassau County (Cotter, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court did not improvidently exercise its discretion in denying his motion to withdraw his plea of guilty without holding an evidentiary hearing ( see, CPL 220.60; People v. Granton, 236 A.D.2d 624; People v. McGrift 216 A.D.2d 330). The defendant's conclusory and unsubstantiated assertion that his plea was coerced is refuted by his statements during the plea proceedings ( see, People v. DeLeon, 254 A.D.2d 430; People v. Waters, 252 A.D.2d 565). Similarly, his claim of innocence was unsubstantiated and refuted by his earlier admission of guilt and the factual allocution with respect to the crime to which he pleaded guilty ( see, People v. McAllister, 248 A.D.2d 641).

Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.


Summaries of

People v. Quijada-Lopez

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1998
256 A.D.2d 478 (N.Y. App. Div. 1998)
Case details for

People v. Quijada-Lopez

Case Details

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

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

Date published: Dec 16, 1998

Citations

256 A.D.2d 478 (N.Y. App. Div. 1998)
683 N.Y.S.2d 432

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