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PEOPLE v. JENKINS

44 A.D.3d 1 (2007)

840 N.Y.S.2d 334

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHAN JENKINS, Appellant.

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

July 26, 2007.

Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Margaret E. Knight and Rosemary Herbert of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Gregory H. Mansfield and Sandra E. Cavazos of counsel), for respondent.

SULLIVAN and McGUIRE, JJ., concur with BUCKLEY, J.; TOM, J.P., and SAXE, J., dissent in a separate opinion by TOM, J.P.

OPINION OF THE COURT

BUCKLEY, J.

On December 6, 1999, defendant, after consulting his attorney, offered to plead guilty to criminal sale of a controlled substance in the fifth degree in full satisfaction of the grand jury indictment charging him with criminal sale of a controlled substance in the third degree. He understood the trial rights he was giving up, and he admitted that on June 4, 1999 he had sold crack...

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