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PEOPLE v. FALARO

Appellate Division of the Supreme Court of New York, Fourth Department.
Jun 8, 2001

Judgment unanimously affirmed.

Memorandum:

"The decision to permit a defendant to withdraw a guilty plea rests in the sound discretion of the court" ( People v. Burroughs, 224 A.D.2d 1034, lv denied 88 N.Y.2d 845). County Court did not abuse its discretion in denying the motion of defendant to withdraw his plea, without conducting a hearing or further inquiry, where his bare claim of innocence was unsupported by the record and contrary to his admission during the plea proceeding ( see, People v. Anderson, 270 A.D.2d 509, 510, lv denied 95 N.Y.2d 792, 793; People v. Grigger, 244 A.D.2d 205, lv denied 91 N.Y.2d 926).