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PEOPLE v. SIMMONS

169 Misc.2d 525 (1996)

646 N.Y.S.2d 245

The People of the State of New York, Plaintiff, v. Cleve Simmons, Defendant.

Criminal Court of the City of New York, Kings County.

June 27, 1996

Attorney(s) appearing for the Case

Philip E. Sicks, Brooklyn, for defendant. Charles J. Hynes, District Attorney of Kings County (Nanci Slater of counsel), for plaintiff.

LEON RUCHELSMAN, J.

The question this case presents is whether a defendant has the right to be sentenced by the same Judge who accepted the defendant's guilty plea pursuant to a plea bargain. Consequently, is the failure to afford the defendant the same Judge to preside over both the plea acceptance as well as the sentencing grounds for withdrawal of the plea pursuant to CPL 220.60 (3)?

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