PEOPLE v. KELLY


251 A.D.2d 1011 (1998)

673 N.Y.S.2d 960

The People of the State of New York, Respondent, v. Robert Kelly, Appellant

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

June 10, 1998


Judgment insofar as it imposes sentence unanimously reversed on the law and matter remitted to Monroe County Court for further proceedings in accordance with the following Memorandum: On a prior appeal, this Court concluded that County Court erred in declining to permit defendant to withdraw his guilty plea to one count of rape in the first degree. We vacated the sentence and remitted the matter for the court to provide defendant and the People the opportunity to move to...

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