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PEOPLE v. DeCREE

177 A.D.2d 499 (1991)

The People of the State of New York, Respondent, v. Eddie DeCree, Appellant

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

November 4, 1991

Ordered that the judgment is affirmed.

In the instant case, the record, taken as a whole, does not demonstrate that the trial court improvidently exercised its discretion by failing, sua sponte, to offer the defendant an opportunity to withdraw his plea at the time of sentencing. Contrary to the defendant's contention, there was no new evidence disclosed in the probation report which even remotely suggested that the defendant...

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