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PEOPLE v. MALATESTA

172 A.D.2d 692 (1991)

The People of the State of New York, Respondent, v. Anthony Malatesta, Appellant

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

April 15, 1991

Ordered that the judgments are affirmed.

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

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