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People v. Vasquez

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 27, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
MANUEL VASQUEZ, DEFENDANT-APPELLANT.

Judgments, Supreme Court, New York County (William A. Wetzel, J.), rendered September 29, 2008, convicting defendant, upon his pleas of guilty, of attempted burglary in the first degree and grand larceny in the fourth degree, and sentencing him to an aggregate term of 31/2 years, unanimously reversed, on the law, the plea vacated and the matter remanded for further proceedings.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Andrias, Moskowitz, Renwick, Richter, JJ.

5663/06 & 3616/06

Defendant entered his guilty pleas in consideration of a promise that he would receive a sentence to run concurrently with the sentence to be imposed for his conspiracy convictions under another indictment. As the People concede, since those convictions have been set aside, defendant is entitled to withdraw his pleas (see People v Rowland, 8 NY3d 342 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091027

© 1992-2009 VersusLaw Inc.



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