PEOPLE v. DIAZ


194 A.D.2d 468 (1993)

599 N.Y.S.2d 963

The People of the State of New York, Respondent, v. Luis Diaz, Appellant

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

June 22, 1993


Defendant's motion to withdraw his guilty plea was properly denied without a hearing. The court was entitled to rely on the record of the plea (People v Ramos, 63 N.Y.2d 640), which shows that it was entered knowingly and voluntarily and supported by a sufficient factual predicate in that defendant admitted he displayed what appeared to be a gun. The court also made sufficient inquiry into defendant's claim of ineffective assistance...

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