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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GILBERT GONZALEZ, Appellant.

Defendant's appeal was held in abeyance and remanded for a hearing so that a record might be developed to address defendant's claim that his guilty plea was coerced ( 171 A.D.2d 413). That record now shows that defendant's plea represents a voluntary and intelligent choice among the alternative courses of action that were open to defendant (People v. Harris, 61 N.Y.2d 9, 19). Accordingly, the hearing court did not abuse its sound discretion in denying defendant's motion to vacate the plea (People v. Frederick, 45 N.Y.2d 520).

Concur — Carro, J.P., Ellerin, Ross, Asch and Kassal, JJ.

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PEOPLE v. GONZALEZ
(Jul 9, 1992)