PEOPLE v. OGINSKI


41 A.D.3d 1097 (2007)

838 N.Y.S.2d 713

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

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

Decided June 28, 2007.


Rose, J.

Pursuant to a negotiated plea agreement, defendant pleaded guilty to two superior court informations charging him with sexual abuse in the first degree. County Court thereafter sentenced him to time served and 10 years of probation for each conviction. Defendant subsequently moved pursuant to CPL 440.10 to vacate the judgment of conviction on the ground that the part of the plea agreement concerning the dismissal of other pending charges had not been fulfilled...

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