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The People of the State of New York, Respondent, v. Junior Diaz, Appellant

New York Supreme Court, Appellate Division2001-09-28
286 A.D.2d 980730 N.Y.S.2d 763

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Opinion

majority opinion

—Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, Supreme Court did not abuse its discretion in denying his motion to withdraw his plea of guilty without conducting a hearing. Defendant’s conclusory assertion of innocence was insufficient to warrant a hearing (see, People v Miller, 275 AD2d 925, 926, lv denied 95 NY2d 936). (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Reckless Endangerment, 1st Degree.) Present — Pine, J. P., Hayes, Hurl-butt, Burns and Gorski, JJ.