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People v. Rodas

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1998
252 A.D.2d 594 (N.Y. App. Div. 1998)

Opinion

July 27, 1998

Appeal from the County Court, Dutchess County (Dolan, J.).


Ordered that the judgment is affirmed.

The defendant's contention that his plea of guilty was coerced is without merit. At the hearing on the motion to withdraw his plea of guilty, the defendant's former attorney, Frank Redl, expressly contradicted the defendant's testimony that he had advised the defendant that the latter would not succeed at trial because Poughkeepsie was a "racist" town. The County Court credited Redl's testimony and rejected the defendant's testimony as not credible. On this record, we see no reason to disturb the County Court's determination as to the credibility of the witnesses (see, People v. Prochilo, 41 N.Y.2d 759, 761).

Redl's pessimistic assessment of the defendant's chances of succeeding at trial and his conclusion that the defendant would be subject to a lengthy prison sentence if convicted did not constitute coercion (see, People v. Jones, 232 A.D.2d 505; People v. Spinks, 227 A.D.2d 310; People v. Samuel, 208 A.D.2d 776). The record demonstrates that the defendant knowingly, intelligently, and voluntarily pleaded guilty (see, People v. Harris, 61 N.Y.2d 9). Accordingly, the County Court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his plea of guilty (see, People v. Jones, supra; People v. Palmeri, 227 A.D.2d 418; People v. Samuel, supra,).

Miller, J. P., Thompson, Joy and Luciano, JJ., concur.


Summaries of

People v. Rodas

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 1998
252 A.D.2d 594 (N.Y. App. Div. 1998)
Case details for

People v. Rodas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS YEPES RODAS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 27, 1998

Citations

252 A.D.2d 594 (N.Y. App. Div. 1998)
677 N.Y.S.2d 797

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