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PEOPLE v. SCOTT
Appellate Division of the Supreme Court of New York, Second Department.
Dec 29, 2003
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DECISION ORDER
ORDERED that the judgment is affirmed, and the matter is remitted to the County Court, Rockland County, for futher proceedings pursuant to CPL 460.50(5)
The determination of whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the trial court ( see CPL 220.60; People v. Fernandez, 291 A.D.2d 456; People v. Marzocco, 278 A.D.2d 515). In this case, the trial court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw his plea.
SMITH, J.P., LUCIANO, H. MILLER and TOWNES, JJ., concur.
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