PEOPLE v. MALISZEWSKI

No. 185 SSM 26

2009 NY Slip Op 06376

THE PEOPLE & C., Respondent, v. PETER J. MALISZEWSKI, Appellant.

Court Appeals of the State of New York.

Decided September 3, 2009.


Attorney(s) appearing for the Case

Submitted by Mary P. Davison, for appellant.

Submitted by Michael G. Cianfarano, for respondent.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.


MEMORANDUM

The order of the Appellate Division should be affirmed.

Defendant pleaded guilty to burglary and was sentenced pursuant to a plea agreement the Appellate Division found in a prior order to be illegal. He was offered the chance to withdraw his plea by the sentencing court, and chose not to do so. The sentencing court was not required to offer defendant the option of a lesser sentence, where plea withdrawal can put the defendant in the position...

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