PEOPLE v. BENNETT

10441, 1247/06.

107 A.D.3d 577 (2013)

967 N.Y.S.2d 717

2013 NY Slip Op 4714

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BENNETT, Appellant.

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

Decided June 20, 2013.


Defendant pleaded guilty as part of a joint disposition of this case and another case, upon which he would be receiving a concurrent sentence of one year. However, the other indictment was dismissed, with finality, before defendant's sentencing. The court should have granted defendant's plea withdrawal motion, made on the ground that the plea had been induced by a promise that was ultimately unfulfilled (see People v Monroe, 21 N.Y.3d 875

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