Legal Opinion

People v. Smith

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

Decided October 8, 1998Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered May 25, 1994, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 6 to 18 years, unanimously affirmed.

The court properly denied defendant’s motion to withdraw his guilty plea since the record established that the plea was knowing, voluntary and intelligent and since defendant, after being afforded the opportunity to orally present his claims, failed to support his claims of coercion with anything other than conclusory allegations (see, People v Frederick, 45…

2Cases cited3 opinions

  1. People v. FrederickNew York Court of Appeals · 1978
  2. People v. SenghorAppellate Division of the Supreme Court of the State of New York · 1998
  3. People v. VasquezAppellate Division of the Supreme Court of the State of New York · 1997

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