People v. Blumen

Appellants pleaded guilty to a charge of grand larceny and applied for probation, but before their applications were heard moved the court for leave to withdraw said pleas, and the motion was denied. An appeal was then taken from the order denying said motion and from the judgment of conviction.

The rule is well established that the granting or denying of permission to withdraw a plea of guilty and to substitute a plea of not guilty is a matter within the sound discretion of the trial court, and that its action must he sustained unless an abuse of discretion clearly appears. (People v.…