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PEOPLE v. KING

Appellate Division of the Supreme Court of New York, Second Department.
Apr 22, 1985

Judgments affirmed.

Under the circumstances of this case, Criminal Term did not err in denying defendant's motion to withdraw his guilty pleas without conducting an evidentiary hearing ( see, People v Frederick, 45 N.Y.2d 520, 524-525; People v. Tinsley, 35 N.Y.2d 926, 927). Defendant's claim that he was "high" at the time that the pleas were entered is belied by the record of the plea allocutions and, thus, cannot support the relief requested ( cf. People v. Bangert, 107 A.D.2d 752). Mangano, J.P., Gibbons, Niehoff and Lawrence, JJ., concur.