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PEOPLE v. PENARANDA

2017-02329. Ind. No. 2625/15.

178 A.D.3d 858 (2019)

111 N.Y.S.3d 553

2019 NY Slip Op 08870

The People of the State of New York, Respondent, v. Oswaldo Penaranda, Appellant.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Bark & Karpf, Huntington Station, NY ( Andrew Karpf of counsel), for appellant.

Timothy D. Sini , District Attorney, Riverhead, NY ( Michael Brennan and Elizabeth Miller of counsel), for respondent.

Balkin, J.P., Chambers, Austin and LaSalle, JJ., concur.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw his plea of guilty. "`Generally, a plea of guilty may not be withdrawn absent some evidence of innocence, fraud, or mistake in its inducement'" (People v Jackson, 170 A.D.3d 1040, 1040 [2019], quoting People v Rodriguez, 142 A.D.3d 1189, 1190 [2016]). "When...

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