People v. Waters
| Decision Date | 20 July 1998 |
| Citation | 675 N.Y.S.2d 893,252 A.D.2d 564 |
| Parties | 1998 N.Y. Slip Op. 7149 The PEOPLE, etc., Respondent, v. Sadaro WATERS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Pat Bonanno, Katonah, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Darcy P. Rydlun and Bruce Edward Kelly of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (La Cava, J.), rendered June 17, 1997, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The court properly denied, without a hearing, the defendant's motion to withdraw his plea of guilty because the record of the plea proceedings, in which the defendant expressly stated under oath that he was not coerced or threatened into pleading guilty, belied his claim of coercion (see, People v. Murray, --- A.D.2d ----, 666 N.Y.S.2d 716; People v. Breeden, 221 A.D.2d 352, 633 N.Y.S.2d 366; People v. Richardson, 214 A.D.2d 624, 624 N.Y.S.2d 960). Moreover, the court did not err in refusing to assign new counsel to represent the defendant on his motion (see, People v. Murray, supra; People v. Richardson, supra).
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People v. Boehm, 2004 NY Slip Op 50945(U) (NY 8/30/2004)
...the Court to accept his plea he was aware of this information and can not demonstrate prejudice. See also People v. Waters, 252 A.D.2d 564, 675 N.Y.S.2d 893 (2d Dept. 1998)(refusal by court to assign new counsel to represent defendant on motion to withdraw plea ...
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People v. Quijada-Lopez
...is refuted by his statements during the plea proceedings (see, People v. DeLeon, --- A.D.2d ----, 678 N.Y.S.2d 904; People v. Waters, --- A.D.2d ----, 675 N.Y.S.2d 893). Similarly, his claim of innocence was unsubstantiated and refuted by his earlier admission of guilt and the factual alloc......
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...of the plea proceedings (see, People v. Quijada-Lopez, supra; People v. DeLeon, 254 A.D.2d 430, 678 N.Y.S.2d 904; People v. Waters, 252 A.D.2d 564, 675 N.Y.S.2d 893). BRACKEN, J.P., THOMPSON, GOLDSTEIN and McGINITY, JJ., ...