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PEOPLE v. DIAZ

41 A.D.3d 159 (2007)

837 N.Y.S.2d 121

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE DIAZ, Appellant.

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

Decided June 7, 2007.

Defendant entered his guilty plea in consideration of a promise that he would receive a sentence to run concurrently with the sentence to be imposed for his Kings County conviction. Since that conviction has been reversed on appeal, he is entitled to withdraw his plea (People v Rowland, 8 N.Y.3d 342 [2007]). In light of this determination, defendant's other challenge to his guilty plea is academic.

Defendant's suppression...

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