Appellate Division of the Supreme Court of New York, 1998

People v. Cuevas

People v. Cuevas
Appellate Division of the Supreme Court of New York · Decided October 6, 1998
254 A.D.2d 42; 678 N.Y.S.2d 718; 1998 N.Y. App. Div. LEXIS 9990
People v. Cuevas

Opinion of the Court

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered January 14, 1997, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

Defendant’s application to withdraw his guilty plea was properly denied without a hearing since the record shows his *43plea was knowing, intelligent and voluntary (People v Frederick, 45 NY2d 520), and defendant’s challenges to his plea were conclusory, despite ample opportunity to be heard. We also conclude that defendant received effective assistance of counsel (People v Ford, 86 NY2d 397, 404). Concur — Sullivan, J. P., Milonas, Nardelli and Tom, JJ.

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