PEOPLE v. SMITH

KA 11-01967.

93 A.D.3d 1239 (2012)

939 N.Y.S.2d 899

2012 NY Slip Op 1990

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSE C. SMITH, Appellant.

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

Decided March 16, 2012.


It is hereby ordered that the judgment so appealed from is unanimously affirmed and the matter is remitted to Supreme Court, Onondaga County, for proceedings pursuant to CPL 460.50 (5).

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), defendant contends that he was entitled to specific performance of the original plea agreement. "The remedy of specific...

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