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PEOPLE v. BERNARD

2014-11248, Ind. No. 562/14.

155 A.D.3d 1059 (2017)

65 N.Y.S.3d 457

2017 NY Slip Op 08388

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN BERNARD, Appellant.

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

Decided November 29, 2017.

Ordered that the judgment is affirmed.

The determination of a motion to withdraw a plea of guilty rests within the sound discretion of the County Court (see CPL 220.60 [3]; People v Alexander, 97 N.Y.2d 482, 485 [2002]; People v Oden, 150 A.D.3d 1269, 1270 [2017]). Here, the County Court providently exercised its discretion in denying the defendant's pro se oral application...

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