PEOPLE v. CAPUANO


252 A.D.2d 560 (1998)

675 N.Y.S.2d 889

The People of the State of New York, Respondent, v. Anthony Capuano, Appellant

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

July 20, 1998


Ordered that the judgment is affirmed.

The County Court did not improvidently exercise its discretion in denying the defendant's application to withdraw his plea of guilty before imposing a higher sentence than that originally negotiated in the plea agreement. The record indicates that the promised sentence was conditioned upon the defendant not being the subject of any new charges between the time of the plea proceeding and his appearance at the scheduled sentencing...

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