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People v. Holmes

255 A.D.2d 145 Court N.Y. App. Div. Decision date 1998-11-10 English

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p. 145
The People of the State of New York, Respondent, v Stanley Holmes, Appellant.
[679 NYS2d 578]

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered May 15, 1996, convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, as a second violent felony offender, to a determinate term of 8 years, unanimously affirmed.

The court properly denied defendant’s motion to withdraw his guilty plea, since the record establishes that the plea was knowing, intelligent and voluntary (see, People v Fiumefreddo, 82 NY2d 536 , 543), and since defendant failed to support his claim of coercion or judicial bias with anything other than conclusory allegations (see, People v Frederick, 45 NY2d 520 ). Concur — Milonas, J. P., Ellerin, Rubin, Tom and Saxe, JJ.

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