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People v. Hubert

245 A.D.2d 146 Court N.Y. App. Div. Decision date 1997-12-16 English

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The People of the State of New York, Respondent, v Rodney Hubert, Appellant.
[665 NYS2d 880]

—Judgment, Supreme Court, New York County (Felice Shea, J.), rendered February 25, 1994, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 6 to 12 years, unanimously affirmed.

Defendant’s motion to withdraw his plea was properly denied. The record indicates that a favorable plea was entered after a thorough allocution, belying defendant’s claims that his plea was induced by his attorney’s coercion and failure to pursue an unspecified “defense” (see, People v Fiumefreddo, 82 NY2d 536 ; People v Montalvo, 228 AD2d 197 , lv denied 88 NY2d 990 ). Defendant was given an adequate opportunity to present these claims in written submissions to the court, including a submission by his new attorney, appointed to as

p. 147
sist him on the motion, and no further inquiry was necessary (see, supra). Concur—Wallach, J. P., Rubin, Williams, Tom and Andrias, JJ.

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