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PEOPLE v. ROSSETTI

2009-04977.

95 A.D.3d 1362 (2012)

944 N.Y.S.2d 911

2012 NY Slip Op 4197

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND ROSSETTI, Appellant.

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

Decided May 30, 2012.

Ordered that the resentence is affirmed.

Contrary to the contention of the defendant, the County Court, which, upon remittitur, had the "discretion" to "afford" him "an opportunity to withdraw his plea" (People v Rossetti, 55 A.D.3d 637, 637 [2008]), properly denied his request to withdraw his plea of guilty. A defendant's request to withdraw a plea of guilty should "not be granted merely for the asking" (People v Alexander...

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