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PEOPLE v. SALGADO

282 A.D.2d 765 (2001)

724 N.Y.S.2d 349

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR SALGADO, Appellant.

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

Decided April 30, 2001.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

As the People concede, since the Supreme Court was unable to fulfill its sentence promise, the matter should be remitted to the Supreme Court to afford the defendant the opportunity to withdraw his plea of guilty (see, People v Selikoff, 35 N.Y.2d 227, 241, cert...

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