PEOPLE v. DIAZ


282 A.D.2d 272 (2001)

722 N.Y.S.2d 871

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL DIAZ, Appellant.

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

Decided April 12, 2001.


After affording defendant sufficient opportunity to elaborate on his conclusory claim of innocence, the court properly exercised its discretion in denying his motion to withdraw his guilty plea (see, People v Frederick, 45 N.Y.2d 520). The record reveals that the plea was made knowingly, intelligently, and voluntarily.

Defense counsel's statement, in response to an inquiry made by the court after it had already imposed sentence...

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