People v. Price
Appellate Division of the Supreme Court of the State of New York
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
- People v. ColonAppellate Division of the Supreme Court of the State of New York · 1985
- People v. KafkaAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by22 opinions
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2007
- People v. McCaskellAppellate Division of the Supreme Court of the State of New York · 1994
- People v. SwanAppellate Division of the Supreme Court of the State of New York · 1990
- People v. BarberAppellate Division of the Supreme Court of the State of New York · 2006
- People v. BoyerAppellate Division of the Supreme Court of the State of New York · 2006
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