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People v. Poole

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 450 (N.Y. App. Div. 1994)

Opinion

March 7, 1994

Appeal from the Supreme Court, Kings County (Grajales, J.).


Ordered that the judgment is reversed on the law, the plea is vacated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.

The defendant's waiver of his right to appeal was conditioned on the premise that the sentence which would ultimately be imposed was the promised sentence. Because the court ultimately imposed a harsher sentence than that promised, we conclude that the waiver should not be enforced (see, People v. Prescott, 196 A.D.2d 599).

The record further indicates that the court failed to comply with its promise to allow the defendant, inter alia, to withdraw his plea of guilty if it determined that the information contained in the presentence report warranted the imposition of a harsher sentence. Therefore, the defendant's guilty plea must be vacated. Rosenblatt, J.P., Ritter, Friedmann and Krausman, JJ., concur.


Summaries of

People v. Poole

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 450 (N.Y. App. Div. 1994)
Case details for

People v. Poole

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLTON POOLE…

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

Date published: Mar 7, 1994

Citations

202 A.D.2d 450 (N.Y. App. Div. 1994)
608 N.Y.S.2d 502

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