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People v. Brien

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 1028 (N.Y. App. Div. 1990)

Opinion

June 22, 1990

Appeal from the Oswego County Court, Auser, J.

Present — Denman, J.P., Boomer, Pine, Balio and Lawton, JJ.


Judgment unanimously reversed on the law and matter remitted to Oswego County Court for further proceedings, in accordance with the following memorandum: The court erred in denying defendant's application to withdraw his guilty plea. The plea was induced by the promise of a specific sentence and, upon the court's refusal to impose the promised sentence, defendant should have been permitted to withdraw the plea (see, People v. Frederick, 45 N.Y.2d 520, 524; People v. Selikoff, 35 N.Y.2d 227, 240-241, cert denied 419 U.S. 1122; People v. Rosenberg, 148 A.D.2d 346, 347). Accordingly, we vacate the plea and sentence and remit this matter for further proceedings.


Summaries of

People v. Brien

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 1028 (N.Y. App. Div. 1990)
Case details for

People v. Brien

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT E. BRIEN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 22, 1990

Citations

162 A.D.2d 1028 (N.Y. App. Div. 1990)
557 N.Y.S.2d 225