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PEOPLE v. FUSCO

2016-03493, Ind. No. 1964/13.

149 A.D.3d 776 (2017)

2017 NY Slip Op 02677

49 N.Y.S.3d 631

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH FUSCO, Appellant.

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

Decided April 5, 2017.

Ordered that the judgment is affirmed.

Prior to the imposition of sentence upon the defendant's conviction of attempted criminal sexual act in the first degree, the defendant moved to withdraw his plea of guilty to that charge. Contrary to the defendant's contention, the Supreme Court did not improvidently exercise its discretion in denying his motion. The record establishes that the defendant's plea of guilty was "`entered...

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