PEOPLE v. NACHUM

6001, 3314/99.

89 A.D.3d 524 (2011)

932 N.Y.S.2d 470

2011 NY Slip Op 8193

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GADI NACHUM, Appellant.

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

Decided November 15, 2011.


Defendant is not entitled to withdraw his plea, or to specific performance of a provision of his plea agreement whereby he could have earned a misdemeanor disposition by making full restitution. The plea was knowing, intelligent and voluntary, and defendant has forfeited the opportunity to have his felony conviction replaced by a misdemeanor conviction (see People v Jenkins, 11 N.Y.3d 282 [2008]).

The court stated the core...

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