PEOPLE v. SIMMONS


209 A.D.2d 797 (1994)

618 N.Y.S.2d 599

The People of the State of New York, Respondent, v. Bobby Simmons, Appellant

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

November 10, 1994


We reject defendant's contention that County Court erred in denying his motion to withdraw his guilty plea. The record of the plea allocution reveals that defendant's plea was voluntary, knowing and intelligent. In addition, the only basis for the withdrawal motion was defendant's conclusory assertion of innocence. We also reject defendant's claim that the prison sentence he received as a second felony offender of 2½ to 5 years was harsh or excessive. The sentence was...

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