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PEOPLE v. FLORES

237 A.D.2d 128 (1997)

655 N.Y.S.2d 3

The People of the State of New York, Respondent, v. Gonzalo Flores, Appellant

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

March 6, 1997

We find no basis upon which to disturb defendant's conviction by guilty plea. Unlike the situation in People v Pelchat (62 N.Y.2d 97), the instant indictment of defendant did not rest on perjured testimony, and, in any event, at the time of defendant's conviction the People had no knowledge that their witness would ultimately modify the account he gave to the Grand Jury. Even if the failure of the eyewitness to testify before the...

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