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PEOPLE v. McCOY

41 A.D.2d 743 (1973)

The People of the State of New York, Respondent, v. Donald McCoy, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 5, 1973

Order reversed, on the law, and proceeding remitted to Criminal Term for a hearing and a new determination.

In 1957 defendant was convicted of attempted burglary in the second degree, upon his plea of guilty, and sentenced to a prison term of from three to six years. He claims his guilty plea was induced by (1) a promise by both his lawyer and the District Attorney that if he pleaded guilty to attempted burglary in the second...

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