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PEOPLE v. HARLEY

37 A.D.2d 742 (1971)

The People of the State of New York, Respondent, v. Donald Arthur Harley, Appellant

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

July 13, 1971

The County Court correctly held that the issue of appellant's attempt to withdraw his plea of guilty was a matter to be decided upon appeal and could not be raised at the Montgomery hearing (People v. Bennett, 35 A.D.2d 1000). We, however, find no merit in appellant's contention as to this issue. In addition, the court correctly ruled here that appellant should not be permitted to challenge at the Montgomery resentencing...

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