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People v. Daly

130 A.D.2d 503, 514 N.Y.S.2d 907, 1987 N.Y. App. Div. LEXIS 46486
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 4, 1987
StatusPublished

This text of 130 A.D.2d 503 (People v. Daly) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Daly, 130 A.D.2d 503, 514 N.Y.S.2d 907, 1987 N.Y. App. Div. LEXIS 46486 (N.Y. Ct. App. 1987).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered September 21, 1981, convicting him of attempted [504]*504burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court did not abuse its discretion by summarily denying the defendant’s application to withdraw his plea of guilty inasmuch as the application consisted of bald, conclusory allegations which were refuted by the record of the plea (see, People v Riley, 120 AD2d 752; People v Williams, 120 AD2d 693, lv denied 68 NY2d 673; People v Corwise, 120 AD2d 604; People v Morris, 118 AD2d 595, lv denied 67 NY2d 947). Moreover, the defendant has no basis to complain that the sentence was excessive (see, People v Kazepis, 101 AD2d 816). Mangano, J. P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.

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Related

In re Padilla
493 N.E.2d 943 (New York Court of Appeals, 1986)
People v. Kazepis
101 A.D.2d 816 (Appellate Division of the Supreme Court of New York, 1984)
People v. Morris
118 A.D.2d 595 (Appellate Division of the Supreme Court of New York, 1986)
People v. Corwise
120 A.D.2d 604 (Appellate Division of the Supreme Court of New York, 1986)
People v. Williams
120 A.D.2d 693 (Appellate Division of the Supreme Court of New York, 1986)
People v. Riley
120 A.D.2d 752 (Appellate Division of the Supreme Court of New York, 1986)

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Bluebook (online)
130 A.D.2d 503, 514 N.Y.S.2d 907, 1987 N.Y. App. Div. LEXIS 46486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-daly-nyappdiv-1987.