← Cases

People v. Diaz

286 A.D.2d 980 Court N.Y. App. Div. Decision date 2001-09-28 English

Contents

Majority

p. 980
The People of the State of New York, Respondent, v Junior Diaz, Appellant.
[730 NYS2d 763]

—Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, Supreme Court did not abuse its discretion in denying his motion to withdraw his plea of guilty without conducting a hearing. Defendant’s conclusory assertion of innocence was insufficient to warrant a hearing (see, People v Miller, 275 AD2d 925 , 926, lv denied 95 NY2d 936 ). (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Reckless Endangerment, 1st Degree.) Present — Pine, J. P., Hayes, Hurl-butt, Burns and Gorski, JJ.