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People v. Smith

250 A.D.2d 448 Court N.Y. App. Div. Decision date 1998-05-14 English

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p. 448
The People of the State of New York, Respondent, v David Smith, Appellant.
[672 NYS2d 698]

—Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered June 7, 1996, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, unanimously affirmed.

Defendant’s motion to withdraw his plea was properly denied

p. 449
without a hearing. The record indicates that a favorable plea was entered after a thorough allocution, and that defendant admitted that he committed the charged acts, negating defendant’s conclusory claims of innocence, coercion, and ineffective assistance of counsel (see, People v Fiumefreddo, 82 NY2d 536 ; People v Swinson, 240 AD2d 299 , lv denied 90 NY2d 911 ). Defendant was afforded a reasonable opportunity to present his claims in statements made to the court and no further inquiry was necessary. Concur — Sullivan, J. P., Rosenberger, Williams and Tom, JJ.

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