PEOPLE v. MARZOCCO


278 A.D.2d 515 (2000)

717 N.Y.S.2d 917

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT MARZOCCO, Appellant.

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

Decided December 26, 2000.


Ordered that the judgment is affirmed.

The decision whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the trial court (see, People v Ramsingh, 267 A.D.2d 406). The trial court providently exercised its discretion in denying the defendant's motion to withdraw his plea without holding a hearing since the defendant's unsubstantiated claim of innocence was refuted by his earlier admission...

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