PEOPLE v. GOMEZ


157 A.D.2d 480 (1990)

The People of the State of New York, Respondent, v. Jose Gomez, Appellant

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

January 9, 1990


Defendant was allowed to withdraw a negotiated plea of guilty after being advised by the court that it could not keep its sentence promise since the promise was made without knowledge of a prior felony conviction. The defendant now argues that he should have been allowed the opportunity to challenge the constitutionality of the prior conviction before withdrawing his guilty plea. Since defendant did not request such an opportunity at the time he withdrew his plea, this contention...

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