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PEOPLE v. MONTGOMERY

22 A.D.3d 379 (2005)

802 N.Y.S.2d 446

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GENTRY MONTGOMERY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 20, 2005.

The court properly denied defendant's motion to withdraw his guilty plea (see People v. Frederick, 45 N.Y.2d 520 [1978]). The record establishes that the plea was knowing, intelligent and voluntary, and it specifically refutes defendant's assertion that it was coerced. At the time of the plea, the prosecutor had already turned over more information than the law required (see CPL art 240). There is no claim by defendant, or...

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