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PEOPLE v. GOSSO

130 A.D.2d 683 (1987)

The People of the State of New York, Respondent, v. Dwayne Gosso, Appellant

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

May 18, 1987

Ordered that the judgment and order are affirmed.

The trial court did not abuse its discretion in refusing to permit the defendant to withdraw his plea or in denying his motion pursuant to CPL 440.10 (see, People v Dixon, 29 N.Y.2d 55).

The defendant's claim that he was unable to comprehend the proceedings due to having taken medication is not supported by the record. No substantive basis was set forth to warrant...

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