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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