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PEOPLE v. SMITH

15620, 2163/13

130 A.D.3d 411 (2015)

12 N.Y.S.3d 96

2015 NY Slip Op 05766

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

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

Decided July 2, 2015.

The court properly denied defendant's motion to withdraw his guilty plea (see People v Frederick, 45 N.Y.2d 520 [1978]). Contrary to defendant's assertion, he received a full opportunity to advance, with the aid of counsel, any grounds he wished. Nevertheless, other than a request for further leniency, defendant's only identifiable ground for the motion was a conclusory claim of innocence that was refuted by his plea allocution....

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