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THE PEOPLE, etc., respondent, v. KIRBY SMITH, a/k/a ROGER ANDREWS, appellant. (Ind. Nos. 96-01545 and 96-01665)

DECISION ORDER

ORDERED that the judgments are affirmed.

We reject the defendant's contention that the court improvidently exercised its discretion in denying his motion to withdraw his pleas of guilty. Whether to allow a defendant to withdraw a plea of guilty rests within the sound discretion of the sentencing court (see, CPL 220.60[3]; People v. White, 226 A.D.2d 750 ). In addition, the defendant's pleas were voluntarily, knowingly, and intelligently entered into (see, People v. Harris, 61 N.Y.2d 9 ).

MANGANO, P.J., RITTER, JOY, McGINITY, and SMITH, JJ., concur.

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PEOPLE v. SMITH
(Jan 31, 2000)