PEOPLE v. COSTA


186 A.D.2d 299 (1992)

The People of the State of New York, Respondent, v. Joao B. Costa, Appellant

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

September 17, 1992


We reject defendant's argument that he should have been allowed to withdraw his guilty plea prior to County Court's imposition of a harsher sentence than that agreed to in the plea bargain. By fleeing to Brazil, defendant failed to honor his part of the bargain to assist the police in their drug investigations. Where, as here, a defendant fails to fulfill an explicit condition of the sentencing agreement, a sentencing court need not permit withdrawal of a guilty plea (

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