PEOPLE v. GUTIERREZ


35 A.D.3d 883 (2006)

827 N.Y.S.2d 267

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANILO GUTIERREZ, Appellant.

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

Decided December 26, 2006.


Ordered that the judgment is affirmed.

The County Court providently exercised its discretion in denying the defendant's pro se application to withdraw his plea of guilty (see CPL 220.60 [3]; People v Frederick, 45 N.Y.2d 520, 525 [1978]). The defendant's allegations of coercion, made at sentencing, were belied by the record of the plea proceedings in which he expressly stated that he was not forced into pleading guilty...

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