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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH CORNELIO, Appellant.

The record, which includes a careful allocution by the court, demonstrates that defendant's plea was knowing, intelligent, and voluntary. That defense counsel advised defendant to accept the plea offer after assessing the case against him as "substantial", and that the court advised defendant that he faced a possible 100 years in prison which, based on the facts known to it, it would not hesitate to impose, do not demonstrate coercion ( People v Coco, 220 A.D.2d 312; People v. Safa, 209 A.D.2d 199, lv denied 84 N.Y.2d 1038). Since defendant made no motion to withdraw his plea, his claim of innocence raised in a probation interview is irrelevant. Finally, under the circumstances, we find no reason to reduce defendant's bargained-for sentence ( see, People v Notey, 72 A.D.2d 279, 282).

Concur — Rosenberger, J.P., Wallach, Kupferman and Williams, JJ.

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PEOPLE v. CORNELIO
(May 16, 1996)