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PEOPLE v. MARTINO

250 A.D.2d 382 (1998)

672 N.Y.S.2d 685

The People of the State of New York, Respondent, v. Rick Martino, Appellant

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

May 5, 1998

Defendant's motion to withdraw his guilty plea was properly denied without a hearing. Defendant's claim of duress is belied by the record, which reflects that the plea was knowing, intelligent and voluntary (see, People v Frederick, 45 N.Y.2d 520). In this regard, we also note that counsel was not ineffective because of his refusal to join in defendant's meritless pro se motion to withdraw his guilty plea (see

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