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People v. Declemente

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1985
108 A.D.2d 868 (N.Y. App. Div. 1985)

Opinion

February 19, 1985

Appeal from the Supreme Court, Queens County (Brennan, J.).


Judgment modified, on the law, by vacating the sentence. As so modified, judgment affirmed and case remitted to Criminal Term for further proceedings in accordance herewith.

The record reveals that at sentencing defendant was not afforded an opportunity to withdraw his plea when it was apparent that the sentence promise would not be fulfilled. "`It is a basis [ sic] principle of our law that "a guilty plea induced by an unfulfilled promise either must be vacated or the promise honored"'" ( People v Clemons, 70 A.D.2d 884, citing People v Torres, 45 N.Y.2d 751, 753; People v Grant, 99 A.D.2d 536).

Accordingly, we remit the case to Criminal Term, which shall impose the agreed-upon sentence or offer defendant the opportunity of withdrawing his plea. Weinstein, J.P., Brown, Niehoff and Lawrence, JJ., concur.


Summaries of

People v. Declemente

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1985
108 A.D.2d 868 (N.Y. App. Div. 1985)
Case details for

People v. Declemente

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DECLEMENTE…

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

Date published: Feb 19, 1985

Citations

108 A.D.2d 868 (N.Y. App. Div. 1985)

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