PEOPLE v. ATKINS

6847.

92 A.D.3d 551 (2012)

938 N.Y.S.2d 437

2012 NY Slip Op 1331

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL ATKINS, Appellant.

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

Decided February 21, 2012.


The record establishes the voluntariness of defendant's plea, and the court properly denied defendant's plea withdrawal motion (see People v Frederick, 45 N.Y.2d 520 [1978]). During the plea allocution, whenever defendant made a statement creating an ambiguity about the voluntariness of the plea, the court made a further inquiry that established that defendant was pleading guilty of his own free will. The court made clear to defendant...

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