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PEOPLE v. KELLY

232 A.D.2d 314 (1996)

649 N.Y.S.2d 130

The People of the State of New York, Respondent, v. Daniel Kelly, Also Known as Daniel R. Kelly, Appellant

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

October 29, 1996

Defendant's pro se motion to withdraw his guilty plea was properly denied. The minutes of the plea proceeding belie defendant's bare assertions of innocence, of being under extreme pressure when asked to make his decision about the plea, and of ineffective assistance of counsel (People v Beach, 225 A.D.2d 364, lv denied 88 N.Y.2d 933). The minutes of the sentencing proceeding show that defendant was given a fuller opportunity...

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