PEOPLE v. McALPIN

187, 5214/06

68 A.D.3d 431 (2009)

2009 NY Slip Op 8957

891 N.Y.S.2d 18

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRIS McALPIN, Appellant.

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

Decided December 3, 2009.


On the day of defendant's plea to robbery in the second degree, based on an allocution that he and his friends had repeatedly punched the complainant and stolen his portable PlayStation, the terms of the plea as stated on the record were that defendant would receive a "deferred sentence" with a possibility of probation and youthful offender treatment, if defendant enrolled in and successfully completed a Fortune Society program. However, if he failed to do so, or if...

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