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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1993
192 A.D.2d 732 (N.Y. App. Div. 1993)

Opinion

April 26, 1993

Appeal from the County Court, Westchester County (Rosato, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the County Court did not improvidently exercise its discretion in denying, without the appointment of new counsel, his application to withdraw his guilty plea. Indeed, the record demonstrates that the defendant knowingly, voluntarily and intelligently waived his rights and pleaded guilty (see, People v Harris, 61 N.Y.2d 9) while represented by competent counsel with whose services he expressed satisfaction. The defendant's statements during the plea flatly refute his subsequent generalized assertion of innocence and his unsubstantiated claim of coercion (see, e.g., People v Williams, 183 A.D.2d 866; People v Bell, 183 A.D.2d 837; People v Pantojas, 182 A.D.2d 782; People v Nerys, 181 A.D.2d 921). Moreover, the court provided the defendant with ample opportunity to set forth factual support for his application and to explain why new counsel should be assigned (see, e.g., People v Zaia, 181 A.D.2d 931; People v Machado, 181 A.D.2d 796), but he failed to establish a valid basis for the requested relief (see, e.g., People v Williams, 178 A.D.2d 570; People v Glasper, 151 A.D.2d 692). Sullivan, J.P., Balletta, Lawrence and Eiber, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1993
192 A.D.2d 732 (N.Y. App. Div. 1993)
Case details for

People v. Smith

Case Details

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

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

Date published: Apr 26, 1993

Citations

192 A.D.2d 732 (N.Y. App. Div. 1993)
598 N.Y.S.2d 735

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