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PEOPLE v. CABAN

36 A.D.3d 426 (2007)

831 N.Y.S.2d 26

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS CABAN, Appellant.

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

Decided January 4, 2007.

After a thorough hearing, the court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea. There is no basis upon which to disturb the court's determinations concerning credibility. The record, including the plea minutes and the minutes of the hearing on the motion, establishes the voluntariness of the plea and fails to support any of defendant's claims (see People v Wheeler, 289 A.D.2d 10 [2001...

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