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PEOPLE v. POLITE

235 A.D.2d 436 (1997)

653 N.Y.S.2d 354

The People of the State of New York, Respondent, v. Thomas Polite, Appellant

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

January 13, 1997

Ordered that the judgment, as amended, is affirmed.

The court properly denied the defendant's motion to withdraw his guilty plea. The decision to permit withdrawal of a guilty plea rests within the sound discretion of the court (see, CPL 220.60 [3]). The court was not required to conduct a hearing on the defendant's motion under the circumstances of this case. The defendant was allowed a full opportunity to present...

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