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PEOPLE v. BABCOCK

304 A.D.2d 912 (2003)

758 N.Y.S.2d 412

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY A. BABCOCK, Appellant.

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

Decided April 10, 2003.

Rose, J.

We find no merit in defendant's initial contention that County Court erred in summarily denying his motion to withdraw his guilty plea. "[T]he question of whether a defendant should be permitted to withdraw his plea rests in the discretion of the trial court and hearings are granted only in rare instances" (People v Davis, 250 A.D.2d 939, 940 [1998]; see People v Tinsley, 35 N.Y.2d 926

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