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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARCHIE COSEY, Defendant-Appellant.

The sentencing court properly exercised its discretion in denying defendant's application to withdraw his guilty plea after affording defendant a full opportunity to present his claims (see, People v. Frederick, 45 N.Y.2d 520). The court properly concluded that defendant's challenges to the plea were contradicted by his plea allocution and that the plea was voluntary. Defendant's claim that his plea resulted from threats emanating from one or more codefendants was vague and unsubstantiated. Moreover, at the time of the plea, defendant unequivocally answered that his plea was not the product of threats or coercion. Defendant's claim of innocence of the murder charge is contradicted by his detailed factual allocution. We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. COSEY
(Sep 27, 2001)