PEOPLE v. FOSTER

Judgment affirmed.

The decision to allow a defendant to withdraw his guilty plea rests within the trial court's discretion (CPL 220.60; People v Kelsch, 96 A.D.2d 677, 678). Under the circumstances of this case, in which the defendant was properly informed of and waived the constitutional rights required for a knowingly and voluntarily entered guilty plea (see, People v Harris, 61 N.Y.2d 9; People v Spain, 110 A.D.2d 724), and where the defendant waived his earlier request to vacate his plea and himself asked to be sentenced, County Court properly proceeded to impose sentence.

The sentence imposed was, in all respects, proper. Mangano, J.P., Gibbons, Weinstein, Eiber and Spatt, JJ., concur.