The People of the State of New York, Respondent, v. Juan Perez, also known as Jose Solano, Defendant–Appellant. (2017)

Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. Juan Perez, also known as Jose Solano, Defendant–Appellant.

2709

Decided: January 10, 2017

Andrias, J.P., Moskowitz, Kapnick, Webber, Kahn, JJ.

Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered June 4, 2014, convicting defendant, upon his guilty plea, of assault in the second degree, and sentencing him, as a second felony offender, to a term of three years, unanimously reversed, on the law, the plea vacated, and the matter remanded to Supreme Court for further proceedings.

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 challenges to his guilty plea.

CLERK

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