PEOPLE v. BALDINI

2006-2148 N CR.

2008 NY Slip Op 51430 (U)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY BALDINI, Appellant.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 2, 2008.


A condition of defendant's plea bargain was that he perform community service. At the direction of the lower court, defendant fully performed this community service prior to the sentencing date. As the People concede, in view of defendant's having thus been placed in a "no-return position" (People v. McConnell, 49 N.Y.2d 340, 345 [1980]), and in view of the undisputed favorable information about defendant presented to the lower court...

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