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PEOPLE v. GAMBLE

111 A.D.2d 869 (1985)

The People of the State of New York, Respondent, v. Harry Gamble, Appellant

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

June 17, 1985

Judgment affirmed.

Defendant contends that the County Court erred by not affording him an opportunity to withdraw his plea of guilty before imposing a higher sentence than that originally negotiated in the plea agreement. Although that is the usual rule (Santobello v New York, 404 U.S. 257), it does not apply to the instant case. Taken as a whole, the record indicates the clear intent...

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