PEOPLE v. SPENCE


278 A.D.2d 96 (2000)

717 N.Y.S.2d 534

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY SPENCE, Also Known as ANTHONY BROWN, Appellant.

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

Decided December 14, 2000.


As the People correctly concede, defendant's motion to withdraw his plea should have been granted. At the time of the plea, the court promised defendant that his sentence would run concurrently with a 20-year sentence that defendant was expected to receive on his anticipated plea of guilty on an unrelated charge in another State. The court also promised defendant that he would be permitted to withdraw the plea if the out-of-State...

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