Appellate Division of the Supreme Court of New York, 2001

People v. Diaz

People v. Diaz
Appellate Division of the Supreme Court of New York · Decided September 28, 2001
286 A.D.2d 980; 730 N.Y.S.2d 763; 2001 N.Y. App. Div. LEXIS 9040
People v. Diaz

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, Supreme Court did not abuse its discretion in denying his motion to withdraw his plea of guilty without conducting a hearing. Defendant’s conclusory assertion of innocence was insufficient to warrant a hearing (see, People v Miller, 275 AD2d 925, 926, lv denied 95 NY2d 936). (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Reckless Endangerment, 1st Degree.) Present — Pine, J. P., Hayes, Hurl-butt, Burns and Gorski, JJ.

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