PEOPLE v. CANALES


48 A.D.3d 1105 (2008)

852 N.Y.S.2d 513

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE V. CANALES, Appellant.

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

Decided February 1, 2008.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum:

On appeal from a judgment convicting him upon his plea of guilty of assault in the second degree (Penal Law § 120.05 [2]), defendant contends that County Court abused its discretion in denying his motion to vacate the plea. We reject that contention. In the absence of some evidence of innocence, fraud, or mistake in the inducement of the plea, the decision whether...

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