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The PEOPLE of the State of New York, Respondent, v. Alexander COLLADO, Defendant-Appellant.
Judgment of conviction (Lisa A. Sokoloff, J., at plea; Joanne B. Watters, J., at Outley hearing; Lyle E. Frank, J., at sentencing), rendered September 28, 2017, modified, on the law, to the extent of reducing the conviction to disorderly conduct.
Defendant alleges and the People concede that the Outley court improperly relied upon sealed records to find that defendant violated the terms of his repleader agreement (see People v Anonymous, 34 NY3d 631, 641-42, 646 [2020]). Inasmuch as the People also concede that defendant is entitled to the benefit of that repleader agreement, namely, that he be permitted to withdraw his plea to the misdemeanor offense of endangering the welfare of a child (see Penal Law § 260.10[1]), and be allowed to replead to disorderly conduct (see Penal Law § 240.20), a violation, we modify accordingly.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Per Curiam.
All concur
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Docket No: 570658 /17
Decided: June 25, 2024
Court: Supreme Court, Appellate Term, New York,
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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