PEOPLE v. RUBENDALL


4 A.D.3d 13 (2004)

772 N.Y.S.2d 346

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT RUBENDALL, Appellant.

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

February 17, 2004.


Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York City, for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano and Donna Aldea of counsel), for respondent.

RITTER, J.P., LUCIANO and RIVERA, JJ., concur.


OPINION OF THE COURT

COZIER, J.

The defendant maintains on this appeal that the Supreme Court, Queens County (Chin-Brandt, J.), was without authority in granting the People's application to vacate his initial plea of guilty over his objection in the absence of fraud. We agree. However, the defendant is not entitled to the benefit of the favorable sentence he was offered at the time of his initial plea. As a result, we place the parties in the position they...

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