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People v. Cuevas

254 A.D.2d 42 Court N.Y. App. Div. Decision date 1998-10-06 English

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p. 42
The People of the State of New York, Respondent, v Raul Cuevas, Appellant.
[678 NYS2d 718]

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered January 14, 1997, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

Defendant’s application to withdraw his guilty plea was properly denied without a hearing since the record shows his

p. 43
plea was knowing, intelligent and voluntary (People v Frederick, 45 NY2d 520 ), and defendant’s challenges to his plea were conclusory, despite ample opportunity to be heard. We also conclude that defendant received effective assistance of counsel (People v Ford, 86 NY2d 397 , 404). Concur — Sullivan, J. P., Milonas, Nardelli and Tom, JJ.

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