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PEOPLE v. RODWELL

267 A.D.2d 186 (1999)

700 N.Y.S.2d 814

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR RODWELL, Appellant.

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

Decided December 28, 1999.

Nothing in defendant's plea allocution cast doubt on his guilt (see, People v Toxey, 86 N.Y.2d 725; People v Emanuel, 179 A.D.2d 356, lv denied 79 N.Y.2d 947), and we find the plea to be intelligently and voluntarily made. Were we to treat defendant's comments at sentencing as a motion to withdraw his plea on grounds of innocence and duress, we would find that the court properly denied...

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