PEOPLE v. DELGADO


45 A.D.3d 496 (2007)

846 N.Y.S.2d 166

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN DELGADO, Appellant.

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

Decided November 29, 2007.


The court properly determined that defendant had breached his plea agreement and forfeited his opportunity for a more lenient disposition. At the time of the plea, the court told defendant that he would be allowed to replead to criminal possession of a weapon in the third degree and would be sentenced to four years if he did not commit any crime between the plea and sentence dates. The court did nothing to suggest that defendant would only violate the plea agreement by being...

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