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PEOPLE v. RHODES

172 A.D.2d 936 (1991)

The People of the State of New York, Respondent, v. Clay Rhodes, Appellant

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

April 11, 1991

Defendant claims that when he first appeared for the purpose of pleading guilty to the crime of burglary in the second degree, with a promised prison sentence of 3 to 6 years, the trial court improperly withdrew its consent to the plea and defendant is therefore now entitled to specific performance of the agreement. However, this principle does not apply in this case insofar as defendant never entered a plea of guilty at that time...

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