PEOPLE v. SPINKS


227 A.D.2d 310 (1996)

643 N.Y.S.2d 54

The People of the State of New York, Respondent, v. Ralph Spinks, Also Known as Zeke Frazier, Also Known as Barry White, Appellant

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

May 28, 1996


Defendant's motion to withdraw his plea was properly denied without a hearing, the record refuting defendant's claim that his plea was coerced by his attorney, and otherwise demonstrating that the plea was voluntary and knowing (People v Woodard, 208 A.D.2d 411, lv denied 84 N.Y.2d 1040). Far from being coercive, defense counsel's advice, as related by defendant, that the case could not be won, and that the two, who had a...

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