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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO DIAZ, Appellant.

The court properly rejected defendant's motion at sentencing to withdraw his guilty plea, which urged that, given his allocution, the court should have further inquired into his guilt before accepting his plea. A sufficient inquiry was made. Bare allegations of innocence or coercion do not mandate the granting of a motion to withdraw a guilty plea, particularly when they follow an admission of complicity at the plea proceeding (People v. Billingsley, 54 N.Y.2d 960, 961), and when they are controverted, as here, by defendant's own counsel. The minutes of the plea and sentencing proceedings refute any contention of off-the-record coercion (see, People v. Frederick, 45 N.Y.2d 520).

Concur — Kupferman, J.P., Sullivan, Asch, Wallach and Smith, JJ.

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PEOPLE v. DIAZ
(Jun 28, 1990)