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PEOPLE v. ILORI

58 A.D.3d 524 (2009)

870 N.Y.S.2d 784

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADEDAYO ILORI, Appellant.

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

January 20, 2009.

As the People concede, since the plea agreement did not contain a no-arrest or no-misconduct condition, or any other conditions, the court erred in enhancing, on the basis of a subsequent crime, the sentence it had promised defendant at the time of his plea (see People v Spina, 186 A.D.2d 9 [1992]). Therefore, the court should have imposed the promised sentence or granted defendant's motion to withdraw his plea. Accordingly, we reduce...

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