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People v. Miller

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 22, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
DEMETRI MILLER, APPELLANT.

Appeals by the defendant from two judgments of the Supreme Court, Nassau County (Donnino, J.), both rendered March 19, 2007, convicting him of robbery in the third degree (three counts) under Indictment No. 933/06, and robbery in the third degree under Superior Court Information No. 2264/06, upon his pleas of guilty, and imposing sentences.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., RUTH C. BALKIN, ARIEL E. BELEN and CHERYL E. CHAMBERS, JJ.

(Ind. No. 933/06, S.C.I. No. 2264/06)

DECISION & ORDER

ORDERED that the judgments are affirmed.

The decision whether to permit a defendant to withdraw his pleas of guilty lies in the sound discretion of the court (see CPL 220.60[3]; People v Woodhouse, 65 AD3d 1267, 1267; People v Rodriguez, 270 AD2d 434, 434-435). Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in denying, without a hearing, the defendant's application to withdraw his pleas of guilty (see People v Torres, 215 AD2d 702, 702-703).

MASTRO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

20091222

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