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PEOPLE v. PEREZ

2709, 5449/12.

146 A.D.3d 494 (2017)

2017 NY Slip Op 00127

43 N.Y.S.3d 894

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN PEREZ, Also Known as JOSE SOLANO, Appellant.

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

Decided January 10, 2017.

Defendant entered his guilty plea in consideration of a promise that he would receive a sentence to run concurrently with the sentences imposed for his Kings County convictions. As the People concede, since that conviction has been reversed on appeal, defendant is entitled to withdraw his plea (People v Fuggazzatto, 62 N.Y.2d 862 [1984]).

This determination renders academic defendant's remaining

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