PEOPLE v. RODRIQUEZ


90 A.D.2d 489 (1982)

The People of the State of New York, Respondent, v. Milton M. Rodriquez, Appellant

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

October 4, 1982


Case remanded to the County Court, Westchester County, to hear and report on defendant's application to withdraw his plea of guilty, and appeal held in abeyance in the interim. The discretion to permit a defendant to withdraw his guilty plea at any time prior to the imposition of sentence derives from CPL 220.60 (subd 3). The court, except under special circumstances, should either grant the application or make a reasonable inquiry to determine whether the application has...

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