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People v. Overton

297 A.D.2d 565 Court N.Y. App. Div. Decision date 2002-09-24 English

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p. 565
The People of the State of New York, Respondent, v Shaun Overton, Appellant.
[747 NYS2d 159]

Defendant’s motions to withdraw his plea and for the appointment of new counsel were properly denied without a hearing since the court reviewed defendant’s written submissions and gave him a full opportunity to amplify his contentions in court (see People v Fiumefreddo, 82 NY2d 536 ; People v Senghor, 248 AD2d 299 , Iv denied 92 NY2d 905 ). The court properly relied upon its own recollections of the plea proceedings and rejected defendant’s unsupported claims of innocence, coercion and ineffective assistance (see People v Hines, 267 AD2d 17 , Iv denied 94 NY2d 921 ). Concur — Williams, P.J., Tom, Rosenberger and Friedman, JJ.

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