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PEOPLE v. LINARES

2011-05654

113 A.D.3d 796 (2014)

978 N.Y.S.2d 875

2014 NY Slip Op 381

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILMER LINARES, Appellant.

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

Decided January 22, 2014.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered May 25, 2011, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The determination of a motion to withdraw a plea of guilty rests within the sound discretion of the trial court (see People v McGhee, 62 A.D.3d 1027 [2009]), and its determination...

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