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PEOPLE v. FITZGERALD

65 A.D.3d 747 (2009)

883 N.Y.S.2d 742

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEWIS FITZGERALD, Appellant.

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

Decided August 13, 2009.

Kane, J.

When this matter was previously before us, we rejected most of defendant's arguments and remitted the matter to County Court for a hearing to determine a narrow issue relating to the voluntariness of defendant's plea, namely, whether original defense counsel misinformed defendant of his maximum sentencing exposure and whether such misinformation, if any, led defendant to plead guilty when he otherwise would not have done so (56 A.D.3d 811...

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