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PEOPLE v. CATALANO

113 A.D.2d 896 (1985)

The People of the State of New York, Respondent, v. Robert Catalano, Appellant

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

September 23, 1985

Judgment reversed, on the law, motion granted, guilty plea vacated and matter remitted to the County Court, Rockland County, for further proceedings.

The People concede error in the denial of defendant's motion to withdraw his guilty plea where the promised sentence could not be imposed due to defendant's status as a predicate felon (see, e.g., People v Selikoff, 35 N.Y.2d 227, cert denied 419 U.S. 1122;

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