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PEOPLE v. JOHNSON

273 A.D.2d 16 (2000)

710 N.Y.S.2d 244

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD JOHNSON, Appellant.

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

Decided June 1, 2000.

As the People concede, defendant's motion to withdraw his guilty plea on the ground that his allocution fails to establish the validity of the plea should have been granted. However, we reject defendant's claim that a retrial is barred by double jeopardy in that his mid-trial plea, giving up the right to have his trial completed, was allegedly coerced by comments made by the court. The court's comments were made in the context of...

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