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People v. Price

140 A.D.2d 927 Court N.Y. App. Div. Decision date 1988-05-27 English

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Majority

p. 927
The People of the State of New York, Respondent, v
p. 928
James Price, Appellant.

Defendant’s claim that the court erred by failing to hold a hearing on his application to withdraw his plea lacks merit. Conclusory allegations of innocence and coercion are insufficient to warrant a hearing where the record discloses that defendant has freely and fully admitted the essential facts constituting the crime (see, People v Kafka, 128 AD2d 895 , lv denied 69 NY2d 951 ; People v Colon, 114 AD2d 967 , lv denied 67 NY2d 650 ). (Appeal from judgment of Onondaga County Court, Burke, J. — robbery, first degree.) Present — Dillon, P. J., Boomer, Pine, Balio and Lawton, JJ.

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