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PEOPLE v. WILLIAMS

55 A.D.2d 923 (1977)

The People of the State of New York, Respondent, v. James Williams, Appellant

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

January 17, 1977

The discretion to permit a defendant to withdraw his guilty plea at any time before the imposition of sentence derives from CPL 220.60 (subd 3). The court, except under special circumstances, should either grant the application or conduct a hearing to determine whether the application has merit (People v Sheppard, 37 A.D.2d 830). In the case at bar, defendant proclaimed his innocence and sought withdrawal of his plea on

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