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PEOPLE v. MONTALVO

Appellate Division of the Supreme Court of New York, First Department.
Jun 6, 1996

Defendant's motion to withdraw his plea was properly denied without a hearing upon this record showing that a favorable plea was entered after a thorough allocution, belying defendant's unsupported claims that his plea was induced by his attorney's coercion and ineffectiveness ( see, People v. Fiumefreddo, 82 N.Y.2d 536; People v. Galarza, 219 A.D.2d 514). Defendant was given an adequate opportunity to present these claims in written submissions to the court, including that of his new attorney appointed to represent him on the motion, and no further inquiry was necessary ( see, People v. Galarza, supra).

Concur — Milonas, J.P., Rosenberger, Ross and Tom, JJ.