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PEOPLE v. RODRIGUEZ

150 A.D.2d 812 (1989)

The People of the State of New York, Respondent, v. Lazaro Rodriguez, Appellant

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

May 30, 1989

Ordered that the judgment is affirmed.

A motion to withdraw a plea of guilty is addressed to the sound discretion of the court (CPL 220.60 [3]; People v Stubbs, 110 A.D.2d 725), and "[o]nly in the rare instance will a defendant be entitled to an evidentiary hearing" (People v Tinsley, 35 N.Y.2d 926, 927). The record shows that the defendant...

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