People v. Sutton

Judgment unanimously affirmed. Memorandum: The sentencing court properly exercised its discretion in denying defendant’s application, on the day set for sentencing, to withdraw his plea of guilty of burglary third degree and reinstate his original plea of not guilty to the three-count indictment against him, charging burglary third degree, grand larceny third degree and conspiracy third degree. More than a month earlier defendant had been permitted to withdraw his plea of not guilty and enter said guilty plea in satisfaction of the indictment. - Before accepting such plea, in the presence of…