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The PEOPLE, etc., respondent, v. ROBBIE RAMSINGH, appellant. (Ind. No. 346/96)

DECISION ORDER

ORDERED that the judgment is affirmed.

It is well established that a guilty plea will be upheld as valid if it was entered into voluntarily, knowingly, and intelligently (see, People v. Fiumefreddo, 82 N.Y.2d 536 ; People v. Moissett, 76 N.Y.2d 909 ; People v. Harris, 61 N.Y.2d 9 ). Similarly well settled is the principle that the determination of whether to allow a defendant to withdraw a guilty plea is a matter that rests within the sound discretion of the trial court (see, CPL 220.60[3];People v. McGriff, 216 A.D.2d 330 ; People v. Ochoa, 179 A.D.2d 689 ;People v. Rivera, 177 A.D.2d 664 ).

The record fully supports the conclusion that the defendant voluntarily pleaded guilty with a full understanding of the consequences attendant thereto (see, People v. Dunlop, 228 A.D.2d 692 ; People v. Guerrone, 208 A.D.2d 383 ). Accordingly, the court did not improvidently exercise its discretion in denying his motion to withdraw the plea.

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

O'BRIEN, J.P., RITTER, SANTUCCI, and FLORIO, JJ., concur.

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PEOPLE v. RAMSINGH
(Dec 20, 1999)