People v. Rodriquez

Appeal by defendant from a judgment of the County Court, Westchester County (Battisti, J.), rendered April 15, 1981, convicting him of attempted criminal possession of a controlled substance in the fourth degree, upon a plea of guilty, and imposing sentence. Case remanded to the County Court, Westchester County, to hear and report on defendant’s application to withdraw his plea of guilty, and appeal held in abeyance in the interim. The discretion to permit a defendant to withdraw his guilty plea at any time prior to the imposition of sentence derives from CPL 220.60 (subd 3). The court,…