PEOPLE v. AVERY


18 A.D.3d 244 (2005)

793 N.Y.S.2d 912

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DORIAN AVERY, Appellant.

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

May 10, 2005.


After a thorough inquiry at which defendant was represented by new counsel, and after carefully considering all of the arguments made by defendant and his new attorney, the court providently exercised its discretion in denying defendant's motion to withdraw his guilty plea, without a hearing (see People v Frederick, 45 N.Y.2d 520 [1978]). During the plea proceedings, the court carefully explained the terms of defendant's promised...

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