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PEOPLE v. PELAEZ

3 A.D.3d 349 (2004)

769 N.Y.S.2d 894

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GIOVANNI PELAEZ, Appellant.

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

January 13, 2004.

After a thorough hearing, the court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea (see People v Frederick, 45 N.Y.2d 520 [1978]). Defendant's claims of innocence and coercion were incredible and contradicted by the record. We also note that defendant moved to withdraw his plea only after defendant had been returned on a bench warrant approximately 3½ years after he had absconded...

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