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PEOPLE v. SMITH

189 A.D.2d 579 (1993)

The People of the State of New York, Respondent, v. Mark Smith, Appellant

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

January 7, 1993

The motion to withdraw the plea was properly denied by the sentencing court, it having been demonstrated that the plea was voluntarily and knowingly given (see, People v Cummings, 106 A.D.2d 294). At the time of the plea, defendant acknowledged that he understood the rights he was waiving, and his answers to questions concerning the substantive elements of the crime to which he was pleading guilty were unhesitant and unequivocal...

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