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People v. Montalvo

228 A.D.2d 197, 643 N.Y.2d 342, 643 N.Y.S.2d 342, 1996 N.Y. App. Div. LEXIS 6360
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 6, 1996
StatusPublished
Cited by2 cases

This text of 228 A.D.2d 197 (People v. Montalvo) 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. Montalvo, 228 A.D.2d 197, 643 N.Y.2d 342, 643 N.Y.S.2d 342, 1996 N.Y. App. Div. LEXIS 6360 (N.Y. Ct. App. 1996).

Opinion

[198]*198Defendant’s motion to withdraw his plea was properly denied without a hearing upon this record showing that a favorable plea was entered after a thorough allocution, belying defendant’s unsupported claims that his plea was induced by his attorney’s coercion and ineffectiveness (see, People v Fiumefreddo, 82 NY2d 536; People v Galarza, 219 AD2d 514). Defendant was given an adequate opportunity to present these claims in written submissions to the court, including that of his new attorney appointed to represent him on the motion, and no further inquiry was necessary (see, People v Galarza, supra). Concur— Milonas, J. P., Rosenberger, Ross and Tom, JJ.

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Related

People v. Hubert
245 A.D.2d 146 (Appellate Division of the Supreme Court of New York, 1997)
People v. Rodriguez
238 A.D.2d 150 (Appellate Division of the Supreme Court of New York, 1997)

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Bluebook (online)
228 A.D.2d 197, 643 N.Y.2d 342, 643 N.Y.S.2d 342, 1996 N.Y. App. Div. LEXIS 6360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montalvo-nyappdiv-1996.