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The PEOPLE, etc., respondent, v. Kyle WATSON, appellant.
Appeal by the defendant from two judgments of the Supreme Court, Westchester County (West, J.), both rendered July 5, 2000, convicting him of murder in the second degree under Indictment No. 99-01026, and robbery in the first degree under Indictment No. 99-01266, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The decision whether to permit the withdrawal of a plea of guilty rests within the sound discretion of the court (see CPL 220.60[3]; People v. Raymond, 3 A.D.3d 587, 770 N.Y.S.2d 655; People v. Scott, 2 A.D.3d 884, 769 N.Y.S.2d 737). The County Court providently exercised its discretion in denying the defendant's request at sentencing to withdraw his plea of guilty to murder in the second degree. The plea was entered voluntarily, knowingly, and intelligently (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646; People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5; People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170).
The defendant's remaining contentions are without merit.
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Decided: December 06, 2004
Court: Supreme Court, Appellate Division, Second Department, New York.
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