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PEOPLE v. SMITH

268 A.D.2d 605 (2000)

702 N.Y.S.2d 852

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KIRBY SMITH, Also Known as ROGER ANDREWS, Appellant.

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

Decided January 31, 2000.

Ordered that the judgments are affirmed.

We reject the defendant's contention that the court improvidently exercised its discretion in denying his motion to withdraw his pleas of guilty. Whether to allow a defendant to withdraw a plea of guilty rests within the sound discretion of the sentencing court (see, CPL 220.60 [3]; People v White, 226 A.D.2d 750). In addition, the defendant's pleas were voluntarily, knowingly...

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