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PEOPLE v. LOPEZ

2019-10420. Ind. No. 1233/18.

200 A.D.3d 717 (2021)

154 N.Y.S.3d 874

2021 NY Slip Op 06705

The People of the State of New York, Respondent, v. Jose Lopez, Appellant.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Laurette D. Mulry , Riverhead, NY ( Felice Milani of counsel), for appellant.

Timothy D. Sini , District Attorney, Riverhead, NY ( Caren C. Manzello , Marion Tang , and Glenn Green of counsel), for respondent.

Rivera, J.P., Christopher, Wooten and Zayas, JJ., concur.

Ordered that the judgment is affirmed.

"The decision to permit a defendant to withdraw a previously entered plea of guilty rests within the sound discretion of the court and generally will not be disturbed absent an improvident exercise of [that] discretion" (People v Bennett, 115 A.D.3d 973, 973-974 [2014] [internal quotation marks omitted]; see CPL 220.60[3]; People...

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