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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN THOMAS, Appellant.

The court properly denied, without a hearing, defendant's pro se motion made at sentencing to withdraw his guilty plea, his claim that the plea was not knowing and voluntary having been belied by the record of the plea proceedings and the two CPL article 730 reports that found him competent to stand trial (see, People v. Alicea, 191 A.D.2d 702, lv denied 81 N.Y.2d 1069), and unsupported by any evidence that he was suffering any of the negative side effects associated with his medication (see, People v. Williams, 144 A.D.2d 402).

The sentence imposed was the result of a valid plea negotiation and was not excessive.

Concur — Rosenberger, J.P., Ellerin, Kupferman and Rubin, JJ.

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PEOPLE v. THOMAS
(Jan 6, 1994)