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PEOPLE v. SCOTT

2 A.D.3d 884 (2003)

769 N.Y.S.2d 737

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANGELO SCOTT, Appellant.

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

December 29, 2003.

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Rockland County, for further proceedings pursuant to CPL 460.50 (5).

The determination of 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 Fernandez, 291 A.D.2d 456 [2002]; People v Marzocco, 278 A.D.2d 515

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