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PEOPLE v. ROWLAND

8 N.Y.3d 342 (2007)

865 N.E.2d 1224

834 N.Y.S.2d 58

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN N. ROWLAND, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 2007.

Attorney(s) appearing for the Case

Paul J. Connolly, Delmar, for appellant.

Nicholas E. Tishler, Special Prosecutor, and James A. Murphy, III, District Attorney, Ballston Spa, for respondent.

Chief Judge KAYE and Judges CIPARICK, READ and JONES concur with Judge SMITH; Judge GRAFFEO dissents and votes to affirm in a separate opinion in which Judge PIGOTT concurs.

OPINION OF THE COURT

SMITH, J.

We held in People v Pichardo (1 N.Y.3d 126 [2003]) that a defendant was entitled to withdraw his guilty plea where the plea had been induced by a promise that the defendant's prison sentence would be concurrent with his sentence on a previous conviction and where, because the previous conviction was overturned, the promise could not be kept. In Pichardo, the earlier sentence...

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