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PEOPLE v. CRUZ

Nos. 5687, 1529/08

88 A.D.3d 498 (2011)

930 N.Y.S.2d 560

2011 NY Slip Op 7162

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS CRUZ, Appellant.

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

Decided October 13, 2011.

The sentencing court properly exercised its discretion in denying defendant's motion to withdraw his guilty plea, after affording him a full opportunity to present his claims (see People v Frederick, 45 N.Y.2d 520, 525 [1978]). "When a defendant moves to withdraw a guilty plea, the nature and extent of the fact-finding inquiry rest[s] largely in the discretion of the Judge to whom the motion is made and a hearing will be granted...

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