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PEOPLE v. ARCURI

64 A.D.2d 1028 (1978)

The People of the State of New York, Respondent, v. Edward S. Arcuri, Appellant

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

September 29, 1978

Judgment unanimously reversed, plea vacated and matter remitted to Supreme Court, Oswego County, for further proceedings on the indictment.

Memorandum:

Under the circumstances presented here, it was an improvident exercise of discretion to deny defendant's motion to withdraw his plea of guilty to grand larceny in the third degree (Penal Law, § 155.30). Prior to sentencing, the defendant moved to withdraw the...

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