People v. Garrett

Defendant appeals from a judgment of conviction on a plea of guilty to a charge of robbery in the third degree, a class D felony; he argues that the County Court erred in refusing to permit him to withdraw his plea when defendant sought to do so at the time of sentence. The dissenting Justice departs from our affirmance of the conviction on the ground that, after his request to withdraw his plea, defendant was not accorded a proper hearing before the denial of his motion to withdraw, citing People v. McClain (32 N Y 2d 697). In the circumstances of this case we think the procedure employed by…