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People v. Caufield

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 16, 2008

THE PEOPLE, ETC., RESPONDENT,
v.
JOSEPH CAUFIELD, APPELLANT.

Appeals by the defendant from (1) a judgment of the County Court, Nassau County (Carter, J.), rendered April 1, 2005, convicting him of murder in the second degree under Indictment No. 2595/01, upon his plea of guilty, and imposing sentence, and (2) a judgment of the same court, also rendered April 1, 2005, convicting him of manslaughter in the first degree under Indictment No. 2116/03, upon his plea of guilty, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

ROBERT A. SPOLZINO, J.P., JOSEPH COVELLO, DANIEL D. ANGIOLILLO and CHERYL E. CHAMBERS, JJ.

(Ind. Nos. 2595/01, 2116/03)

DECISION & ORDER

ORDERED that the judgments are affirmed.

The court did not improvidently exercise its discretion in denying, without an evidentiary hearing, the defendant's motion to withdraw his pleas of guilty. The defendant's conclusory allegations that he was coerced to enter the plea agreements were directly belied by the record of the plea proceedings (see People v Owens, 43 AD3d 1185; People v Morales, 17 AD3d 487; People v Rangolan, 295 AD2d 543; People v Fernandez, 291 AD2d 456).

The defendant's remaining contention is without merit.

SPOLZINO, J.P., COVELLO, ANGIOLILLO and CHAMBERS, JJ., concur.

20081216

© 1992-2008 VersusLaw Inc.



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