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PEOPLE v. CHAMPAGNE

2587, 426/07

72 A.D.3d 557 (2010)

898 N.Y.S.2d 837

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELLISON S. CHAMPAGNE, Appellant.

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

Decided April 22, 2010.

The court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea. The record establishes that defendant's favorable plea was knowing, intelligent and voluntary (People v Fiumefreddo, 82 N.Y.2d 536, 542-544 [1993]). Defendant, who presented his claim of innocence through his written submission and declined to address the court, received a sufficient opportunity to advance his claim, and the...

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