PEOPLE v. BRUNING


45 A.D.3d 1179 (2007)

846 N.Y.S.2d 467

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD K. BRUNING, Appellant.

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

Decided November 29, 2007.


Lahtinen, J.

Defendant accepted an Alford plea with a promised jail sentence of between 10 to 13 years in full satisfaction of both the crime of which he had been indicted (a class B felony with a potential sentence of 25 years) and other alleged (unindicted) criminal conduct. As part of the deal, defendant agreed to waive his right to appeal. Defendant moved to withdraw his plea prior to sentencing alleging that the plea had been coerced. The motion was denied...

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