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PEOPLE v. SMITH

61 A.D.3d 535 (2009)

876 N.Y.S.2d 643

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL SMITH, Appellant.

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

Decided April 21, 2009.

After sufficient inquiry (see People v Frederick, 45 N.Y.2d 520 [1978]), the court properly denied defendant's motion to withdraw his guilty plea, which is premised solely on new counsel's statements about what defendant had told him. Defendant's assertions were refuted by the record, including the thorough plea allocution, which establishes that the plea was voluntary (see People v...

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