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PEOPLE v. HOLMAN

33 A.D.3d 815 (2006)

826 N.Y.S.2d 287

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIK HOLMAN, Appellant.

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

Decided October 17, 2006.

Ordered that the judgment is affirmed.

The defendant made a timely motion to withdraw his plea of guilty to depraved indifference murder (see Penal Law § 125.25 [2]), pursuant to CPL 220.60 (3). Contrary to the defendant's contention, however, the County Court providently exercised its discretion in denying the motion on the ground that the plea was knowingly, voluntarily, and intelligently entered in the presence of the defendant's counsel (see People...

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