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PEOPLE v. MONTALVO

Appellate Division of the Supreme Court of New York, Second Department.
Jun 23, 2009
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Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying, without a hearing, the defendant's application to withdraw his plea of guilty ( see CPL 220.60). The record supports the court's determination that the defendant's plea was entered knowingly, voluntarily, and intelligently ( see People v Hill, 9 NY3d 189, 191, cert denied 553 US ___, 128 S Ct 2430; People v Fiumefreddo, 82 NY2d 536, 543; People v Harris, 61 NY2d 9, 17). In addition, the defendant entered his negotiated plea of guilty with the assistance of competent counsel, in exchange for a favorable sentence promise ( see People v Pooler, 58 AD3d 757). Finally, the defendant's claims of coercion and innocence were generalized and unsubstantiated ( cf. People v Mann, 32 AD3d 865, 866).