20 A.D.2d 731 (1964)

The People of the State of New York, Respondent, v. Earl Salters, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 24, 1964

Order affirmed.

In our opinion defendant failed to sustain by a preponderance of the credible evidence his contention that his constitutional and statutory rights to representation by counsel during plea or sentence were infringed (People v. Oddo, 283 App. Div. 497; People v. Wolfson, 9 A.D.2d 940). The People have no burden to establish that defendant was represented or advised by counsel. On the hearing, the burden is on defendant to show by credible evidence that he was not so represented. (People v. Oddo, supra; People v. Milo, 4 A.D.2d 679, 680.) The notations on the original indictment and the Clerk's minutes for that date conclusively show that defendant was represented by counsel at the time of his plea of guilty. The trial court did not believe the defendant's testimony, which it was at liberty to do because of his self-interest. It was free to conclude that no deprivation of the defendant's rights was established (People v. Richetti, 302 N.Y. 290, 298).


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