PEOPLE v. ALFAIR

1181, 1970/09.

139 A.D.3d 531 (2016)

30 N.Y.S.3d 549

2016 NY Slip Op 03959

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. UMAR ALFAIR, Appellant.

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

Decided May 19, 2016.


Although defendant, who was arrested for a federal drug felony one week after the end of a two-year period in which she was required to "stay out of trouble" (and was subsequently convicted), was in technical compliance with her plea agreement, the court properly exercised its discretion when it declined to adhere to its conditional promise to replace the plea with a misdemeanor disposition, and instead gave defendant the opportunity to withdraw her plea. "[P]roper sentencing...

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