PEOPLE v. JONES

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Timothy JONES, a/k/a Clance Staward, Defendant-Appellant.

Decided: February 18, 1999

ROSENBERGER, J.P., NARDELLI, TOM and ANDRIAS, JJ. Carol A. Remer-Smith, for Respondent. Martin M. Lucente, for Defendant-Appellant.

Judgments, Supreme Court, New York County (Joan Sudolnik, J.), rendered January 11, 1993, convicting defendant, upon his pleas of guilty, of robbery in the second degree and attempted robbery in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 4 to 8 years and 21/212 to 5 years, respectively, unanimously affirmed.

Defendant made an application to withdraw his guilty plea.   The court adjourned the matter so that defendant could consult with other counsel.   On the adjourned date, defendant appeared with his attorney and the counsel with whom he had consulted.

The court properly denied defendant's motion to withdraw his guilty plea after sufficient inquiry, since the record establishes that the plea, which was taken under oath, was knowing, voluntary and intelligent.   Defendant's conclusory allegation that his counsel coerced him into pleading guilty did not provide a basis for withdrawal of his plea, was not supported by statements made by defendant during the withdrawal application, and appointment of new counsel was not required by counsel's comments (see, People v. Smith, 253 A.D.2d 668, 677 N.Y.S.2d 464).

MEMORANDUM DECISION.