People v. Price, 140 A.D.2d 927

Defendant’s claim that the court erred by failing to hold a hearing on his application to withdraw his plea lacks merit. Conclusory allegations of innocence and coercion are insufficient to warrant a hearing where the record discloses that defendant has freely and fully admitted the essential facts constituting the crime (see, People v Kafka, 128 AD2d 895, lv denied 69 NY2d 951; People v Colon, 114 AD2d 967, lv denied 67 NY2d 650). (Appeal from judgment of Onondaga County Court, Burke, J. — robbery, first degree.) Present — Dillon, P. J., Boomer, Pine, Balio and Lawton, JJ.

Case Details

Case Name: People v. Price

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: May 27, 1988

Citations: 140 A.D.2d 927; 529 N.Y.S.2d 607; 1988 N.Y. App. Div. LEXIS 5751

Court Abbreviation: N.Y. App. Div.