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PEOPLE v. CUMMINGS

2005-10755.

2008 NY Slip Op 06306

THE PEOPLE, ETC., respondent, v. CHARLES CUMMINGS, appellant.

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

Decided July 15, 2008.

Attorney(s) appearing for the Case

Adam W. Toraya, New York, N.Y., for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Lauren-Brooke Eisen and Morrie I. Kleinbart of counsel), for respondent.

Before: PETER B. SKELOS, J.P., FRED T. SANTUCCI, JOSEPH COVELLO, WILLIAM E. McCARTHY, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

The right of a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the sentencing court (see People v. Seeber, 4 N.Y.3d 780; People v. Mann, 32 A.D.3d 865; People v. Kuchrczyk, 15 A.D.3d 595), whose determination generally will...

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