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PEOPLE v. PAYNE

Appellate Division of the Supreme Court of New York, Second Department.
Oct 15, 1991

Ordered that the judgment is affirmed.

The determination of whether to allow a defendant to adjourn sentencing proceedings or to withdraw a guilty plea rests within the sound discretion of the trial court and should not be disturbed unless there is a clear abuse of that discretion (see, CPL 220.60; 380.30 [3]; People v. Howard, 138 A.D.2d 525; People v. Melendez, 135 A.D.2d 660; People v. Stubbs, 110 A.D.2d 725, 727). In this case, we find that the court did not abuse its discretion since there were no grounds shown in the record warranting an adjournment or withdrawal of the defendant's plea (see, People v. Billingsley, 54 N.Y.2d 960, 961; People v Brown, 142 A.D.2d 683; People v. Morris, 118 A.D.2d 595, 596; People v. Stubbs, supra, at 727). Bracken, J.P., Kooper, Lawrence, Balletta and O'Brien, JJ., concur.