PEOPLE v. MISSRIE


13 A.D.3d 256 (2004)

785 N.Y.S.2d 921

THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. ISAAC MISSRIE, Appellant.

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

December 21, 2004.


Defendant was not entitled to specific performance of the original plea agreement. The court properly exercised its discretion in withdrawing the sentence promise that was made at the time of defendant's original plea and "sufficiently demonstrated in the record that proper sentencing criteria counseled imposition of a different sanction than that agreed to originally" (People v Schultz, 73 N.Y.2d 757, 758 [1988]). Defendant was...

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