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PEOPLE v. ESCHENBERG

275 A.D.2d 719 (2000)

713 N.Y.S.2d 292

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK ESCHENBERG, Appellant.

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

Decided September 11, 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, CPL 220.60 [3]; People v Bonds, 254 A.D.2d 430). The trial court providently exercised its discretion in denying the defendant's motion to withdraw his plea without holding a hearing. The defendant's claim of innocence was unsubstantiated and refuted by...

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