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People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1993
189 A.D.2d 579 (N.Y. App. Div. 1993)

Opinion

January 7, 1993

Appeal from the Supreme Court, New York County, Robert Haft, J., Peter McQuillan, J.


The motion to withdraw the plea was properly denied by the sentencing court, it having been demonstrated that the plea was voluntarily and knowingly given (see, People v. Cummings, 106 A.D.2d 294). At the time of the plea, defendant acknowledged that he understood the rights he was waiving, and his answers to questions concerning the substantive elements of the crime to which he was pleading guilty were unhesitant and unequivocal. As in People v. Dixon ( 29 N.Y.2d 55), the defendant clearly stated his guilt at the original allocution, and offered only unsupported allegations that were properly subject to the court's credibility determinations.

Concur — Murphy, P.J., Carro, Rosenberger, Ross and Asch, JJ.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1993
189 A.D.2d 579 (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. MARK SMITH, Appellant

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

Date published: Jan 7, 1993

Citations

189 A.D.2d 579 (N.Y. App. Div. 1993)
592 N.Y.S.2d 36