PEOPLE v. WHEELER


289 A.D.2d 10 (2001)

734 N.Y.S.2d 20

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WOODROW WHEELER, Appellant.

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

Decided December 4, 2001.


After a thorough hearing, the court properly denied defendant's motion to withdraw his plea. There is no basis upon which to disturb the court's determinations concerning credibility. Defendant's unsubstantiated claims of mental incapacity at the time of his plea, based on his brother's death and his alleged medication, were belied by the transcript of defendant's lucid allocution and the court's own recollection (see, People v Clarke, 251 A.D.2d 7...

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