PEOPLE v. CARY


261 A.D.2d 242 (1999)

688 N.Y.S.2d 884

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN CARY, Appellant.

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

Decided May 18, 1999.


Defendant pleaded guilty under an arrangement where he was to receive a reduced plea and sentence upon successful completion of a drug rehabilitation program. Defendant failed to complete the program. The court let the original guilty plea stand and imposed sentence thereunder. Defendant now claims that he was entitled to withdraw his plea. This claim is not preserved since defendant did not move to withdraw his plea (see, People v Brewster, 254 A...

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