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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARREN BREEDEN, Appellant.

Ordered that the judgment is affirmed.

After the defendant entered his plea of guilty, he made a written motion to withdraw the plea based, inter alia, on the claim that his attorney had coerced him into pleading guilty. Under these circumstances, where the claim of coercion was directly belied by the record, it was not an improvident exercise of the court's discretion to deny the motion without an evidentiary hearing insofar as it was predicated on a claim of coercion (see, People v Frederick, 45 N.Y.2d 520, 524-525; People v Tinsley, 35 N.Y.2d 926, 927).

The remaining contentions which have been raised by the appellant pro se are either unpreserved for appellate review (see, CPL 470.05) or without merit. Balletta, J.P., Pizzuto, Joy and Altman, JJ., concur.

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PEOPLE v. BREEDEN
(Nov 6, 1995)