Memorandum:
On appeal from a judgment convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [12]), defendant contends that County Court abused its discretion in failing to grant a hearing on his motion to withdraw his guilty plea. We reject that contention because defendant's motion was based on a charge from a separate indictment pending before a different judge. The sentence is not...
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