Appellate Division of the Supreme Court of New York, 2008

People v. Sass

People v. Sass
Appellate Division of the Supreme Court of New York · Decided March 4, 2008
49 A.D.3d 287; 853 N.Y.2d 44
People v. Sass

Opinion of the Court

The court properly denied defendant’s application to withdraw his guilty plea. Defendant’s claim that he was under the influence of drugs at the time of the plea was contradicted by his allocution, in which he expressly disclaimed any such influence, and by the court’s own recollection of defendant’s demeanor and responses (see People v Bess, 299 AD2d 263 [2002], lv denied 99 NY2d 580 [2003]; People v Clarke, 251 AD2d 7 [1998]). Concur-Nardelli, J.P., Williams, Sweeny and Catterson, JJ.

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