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PEOPLE v. ATTERBURY

258 A.D.2d 304 (1999)

685 N.Y.S.2d 656

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTOINE ATTERBURY, Appellant.

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

Decided February 9, 1999.

Defendant's motion to withdraw his plea was properly denied. His claim of duress is belied by the record, which reflects that the plea to robbery, in satisfaction of an indictment charging felony murder of two victims, was knowing, intelligent and voluntary (see, People v Frederick, 45 N.Y.2d 520). In this regard, we note that defendant's purported emotional episode, asserted on appeal...

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