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PEOPLE v. ALMONTE

2022-02178. Ind. No. 681/21.

216 A.D.3d 811 (2023)

188 N.Y.S.3d 648

2023 NY Slip Op 02531

The People of the State of New York, Respondent, v. Franklin A. Almonte, Appellant.

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

Decided May 10, 2023.

Attorney(s) appearing for the Case

Michelle Parisien , Riverhead, NY, for appellant.

Raymond A. Tierney , District Attorney, Riverhead, NY ( Timothy P. Finnerty of counsel), for respondent.

Barros, J.P., Brathwaite Nelson, Ford and Warhit, JJ., concur.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Anthony Senft, Jr., J.), rendered October 12, 2021, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, the plea is vacated, and the matter is remitted to the County Court, Suffolk County, for further...

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