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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS KUCHARCZYK, Appellant.

Ordered that the judgment is affirmed.

The decision to permit a defendant to withdraw a plea of guilty is a matter for the sound discretion of the court ( see People v. Selikoff, 35 NY2d 227, cert denied 419 US 1122; People v. Johnson, 288 AD2d 491). Here, the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed ( see People v. Selikoff, supra at 241; People v. Kostka, 292 AD2d 634; cf. People v. McCready, 296 AD2d 423). Accordingly, there was no basis for the County Court to grant his request to withdraw his plea.

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PEOPLE v. KUCHARCZYK
(Feb 22, 2005)