Legal Opinion

People v. Price

Appellate Division of the Supreme Court of the State of New York

Decided May 27, 1988PublishedCited by 22 opinions

1Opinion of the Court

Defendant’s claim that the court erred by failing to hold a hearing on his application to withdraw his plea lacks merit. Conclusory allegations of innocence and coercion are insufficient to warrant a hearing where the record discloses that defendant has freely and fully admitted the essential facts constituting the crime (see, People v Kafka, 128 AD2d 895, lv denied 69 NY2d 951; People v Colon, 114 AD2d 967, lv denied 67 NY2d 650). (Appeal from judgment of Onondaga County Court, Burke, J. — robbery, first degree.) Present — Dillon, P. J., Boomer, Pine, Balio and Lawton, JJ.

2Cases cited2 opinions

  1. People v. ColonAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. KafkaAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by22 opinions

  1. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. McCaskellAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. SwanAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. BarberAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. BoyerAppellate Division of the Supreme Court of the State of New York · 2006

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