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PEOPLE v. S.

181 A.D.2d 424 (1992)

The People of the State of New York, Respondent, v. Julio S., Appellant

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

March 5, 1992

The IAS court properly found, after a hearing, that defendant had knowingly and wilfully breached the plea agreement herein. Thus, defendant did not have a reasonable expectation of receiving the sentence promised in connection with the plea agreement (see, e.g., People v Rosenberg, 148 A.D.2d 346). In the absence of any application by defendant to withdraw his plea, the sentencing court was free, pursuant to the plea agreement...

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