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PEOPLE v. HENRY

2635, 2923/04

72 A.D.3d 594 (2010)

899 N.Y.S.2d 835

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARLON HENRY, Appellant.

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

Decided April 27, 2010.

The court properly exercised its discretion in denying, without an evidentiary hearing, defendant's motion to withdraw his plea (see People v Frederick, 45 N.Y.2d 520 [1978]). The record establishes the voluntariness of the plea. Defendant's assertions of innocence were conclusory and contradicted by his allocution, and his remaining claims were meritless.

Defendant made a...

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