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PEOPLE v. ROBERTSON

Appellate Division of the Supreme Court of New York, Second Department.
Dec 22, 2003
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DECISION ORDER

ORDERED that the judgment is affirmed.

The decision to permit the withdrawal of a plea of guilty is directed to the sound discretion of the court ( see CPL 220.60; People v. Frederick, 45 N.Y.2d 520). The County Court properly exercised its discretion in denying the defendant's motion to withdraw his plea. The minutes of the plea proceeding show that the defendant entered a knowing and voluntary plea and there is nothing in the record to suggest that the plea was improvident or baseless ( see People v. Polite, 259 A.D.2d 566). The record of the plea proceeding, in which the defendant expressly stated under oath that he was not coerced or threatened into pleading guilty, belies his claim of coercion ( see People v. Murray, 245 A.D.2d 531, People v. Breeden, 221 A.D.2d 352).

ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.