PEOPLE v. BRUNELLE


47 A.D.3d 1067 (2008)

850 N.Y.S.2d 668

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TODD M. BRUNELLE, Appellant.

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

Decided January 17, 2008.


Defendant pleaded guilty to rape in the third degree with the understanding that County Court would sentence him to 10 years of probation supervision. At the time of sentencing, however, the court informed defendant that it would not go forward with the agreed-upon sentence based upon information contained in the presentence investigation report. Instead, the court advised that it would either sentence defendant to 1 to 3 years in prison or allow him to withdraw his guilty...

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