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PEOPLE v. SHERWOOD

28 A.D.3d 259 (2006)

812 N.Y.S.2d 106

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROGER SHERWOOD, Appellant.

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

April 11, 2006.

Defendant was not entitled to specific performance of the court's plea offer in which it had promised a sentence of 3 to 6 years. After considering the relevant sentencing factors, the court properly exercised its discretion in withdrawing that offer, notwithstanding that it had agreed to keep it open for one week for defendant to decide whether to accept it. Even if defendant had accepted this disposition when it was first offered...

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