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PEOPLE v. McALPIN

No. 213

17 N.Y.3d 936 (2011)

960 N.E.2d 435

936 N.Y.S.2d 666

2011 NY Slip Op 8456

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

Court of Appeals of New York.

Decided November 22, 2011.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Grace Vee and David M. Cohn of counsel), for appellant.

Legal Aid Society , Criminal Appeals Bureau, New York City ( Andrew C. Fine , Eve Kessler and Steven Banks of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur; Judge PIGOTT dissents in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant pleaded guilty to robbery in the second degree with the understanding that he would be adjudicated a youthful offender and receive a term of probation if he satisfied specified conditions. At the plea proceeding, Supreme Court further advised defendant that, if he violated the terms of the youthful offender agreement, the sentencing agreement would...

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