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PEOPLE v. CLARENCE J.

175 Misc.2d 273 (1997)

669 N.Y.S.2d 161

The People of the State of New York, Plaintiff, v. Clarence J., Defendant.

Supreme Court, Kings County.

December 22, 1997

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Avery S. Mehlman of counsel), for plaintiff. Steven J. Chaikin, Fresh Meadows, for defendant.

JOSEPH S. SILVERMAN, J.

The People move this court for an order to vacate defendant's plea made pursuant to a written cooperation agreement on the ground that defendant did not comply with the agreement. Defendant opposes the motion requesting the agreement be enforced. The question before this court is whether it is within the People's discretion to determine if the defendant has complied with the cooperation...

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