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PEOPLE v. SAIN

261 A.D.2d 488 (1999)

691 N.Y.S.2d 64

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH SAIN, Appellant.

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

Decided May 10, 1999.

Ordered that the judgment is affirmed.

The determination as to whether to allow a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the sentencing court. Only in rare instances will a defendant be entitled to an evidentiary hearing upon a motion to withdraw a plea of guilty (see, CPL 220.60 [3]; People v Frederick, 45 N.Y.2d 520

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