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PEOPLE v. SANTANA

176 A.D.2d 360 (1991)

The People of the State of New York, Respondent, v. David Santana, Appellant

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

September 30, 1991

Ordered that Justice Harwood has been substituted for former Justice Brown (see, 22 NYCRR 670.1 [c]); and it is further,

Ordered that the judgments are affirmed.

The determination as to whether to allow a defendant to withdraw a previously entered guilty plea rests within the sound discretion of the sentencing court (CPL 220.60 [3]; People v Frederick, 45 N.Y.2d 520

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