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People v. Rodriguez

290 A.D.2d 521 Court N.Y. App. Div. Decision date 2002-01-22 English

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p. 521
The People of the State of New York, Respondent, v Carlos Rodriguez, Appellant.
[736 NYS2d 271]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrero, J.), rendered December 5, 2000, convicting him of attempted criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The decision whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the Supreme Court (see, People v Ramsingh, 267 AD2d 406 ). The Supreme Court providently exercised its discretion in denying the defendant’s motion to withdraw his plea (see, People v Garcia, 92 NY2d 869 ; People v Marzocco, 278 AD2d 515 ; People v Eschenberg, 275 AD2d 719 ). Santucci, J.P., Goldstein, Luciano, Schmidt and Crane, JJ., concur.

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