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PEOPLE v. LIMA

Ind. No. 2777/16. Appeal No. 15008. Case No. 2019-1403.

201 A.D.3d 475 (2022)

156 N.Y.S.3d 836

2022 NY Slip Op 00134

The People of the State of New York, Respondent, v. Eric Lima, Appellant.

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Margaret E. Knight of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Michael J. Yetter of counsel), for respondent.

Concur— Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, JJ.

The sentencing court providently exercised its discretion in denying defendant's motion to withdraw his plea, without granting a hearing. "[T]he nature and extent of the fact-finding procedures on such motions rest largely in the discretion of the court" (People v Fiumefreddo, 82 N.Y.2d 536, 544 [1993]). Defendant received a full opportunity to present his challenges to his plea with the aid of new counsel, and nothing in the plea...

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