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PEOPLE v. BADGER

288 A.D.2d 485 (2001)

733 N.Y.S.2d 498

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE BADGER, Appellant.

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

Decided November 26, 2001.

Ordered that the judgment is affirmed.

The determination whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the court (see, People v Marzocco, 278 A.D.2d 515; People v McAllister, 248 A.D.2d 641; People v Flakes, 240 A.D.2d 428). The defendant's unsubstantiated claim of innocence was refuted by an earlier...

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