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People v. Best

99 A.D.3d 493 Court N.Y. App. Div. Decision date 2012-10-09 English

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p. 493
The People of the State of New York, Respondent, v Sean Best, Appellant.
[951 NYS2d 866]

The court properly exercised its discretion in denying defendant’s motion to withdraw his plea (see People v Frederick, 45 NY2d 520 [1978]). “[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 NY2d 536 , 544 [1993]). The record establishes the voluntariness of the plea. The court, which accorded defendant a suitable opportunity to be heard, had sufficient information upon which to reject defendant’s claim that medication affected his ability to understand the proceedings (see People v Alexander, 97 NY2d 482 [2002]).

We perceive no basis for reducing the sentence. Concur— Saxe, J.P, Sweeny, Richter, Abdus-Salaam and Román, JJ.

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