People v. McKinnon
| Decision Date | 19 March 2004 |
| Docket Number | KA 03-00551. |
| Citation | 2004 NY Slip Op 02004,5 A.D.3d 1076,773 N.Y.S.2d 659 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES McKINNON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Appeal from a judgment of the Cayuga County Court (Peter E. Corning, J.), rendered September 6, 2002. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
County Court did not abuse its discretion in denying, without a hearing, the motion of defendant to withdraw his guilty plea (see People v Overton, 297 AD2d 565 [2002], lv denied 99 NY2d 562 [2002]). "The defendant's conclusory and unsubstantiated assertion that his plea was coerced is refuted by his statements during the plea proceedings" (People v Quijada-Lopez, 256 AD2d 478, 478 [1998], lv denied 93 NY2d 928 [1999]). The additional contention of defendant that he was denied effective assistance of counsel is not supported by the record (see People v Ford, 86 NY2d 397, 404 [1995]). The sentence is not unduly harsh or severe.
Present — Pine, J.P., Wisner, Scudder, Kehoe and Lawton, JJ.
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