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PEOPLE v. HENDERSON

1357.

67 A.D.3d 426 (2009)

889 N.Y.S.2d 16

2009 NY Slip Op 07940

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES HENDERSON, Appellant.

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

Decided November 5, 2009.

The court properly denied defendant's motion to withdraw his guilty plea (see People v Frederick, 45 N.Y.2d 520 [1978]). The allocution record establishes that the plea was knowingly, intelligently and voluntarily entered, and it completely refutes defendant's assertion that, because of a hearing impairment, he was unable to understand the court's questions. Moreover, defendant signed a written waiver of his right to appeal, acknowledging...

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