Opinion
November 28, 1989
Appeal from the Supreme Court, Bronx County (Richard Lee Price, J.).
Denial of defendant's motion to withdraw his guilty plea was a proper exercise of the court's discretion. Defendant's voluntary waiver of rights rendered his postarrest statements to the police and the Assistant District Attorney admissible, notwithstanding the improper and suggestive procedures which led to suppression of his earlier lineup identification. The sentence was fair and proper, and in accordance with a valid and uncoerced plea bargain.
Concur — Murphy, P.J., Sullivan, Carro, Wallach and Rubin, JJ.