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PEOPLE v. FREEMAN

8 KA 15-00250.

159 A.D.3d 1337 (2018)

73 N.Y.S.3d 296

2018 NY Slip Op 01703

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS C. FREEMAN, Appellant. (Appeal No. 2.)

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

Decided March 16, 2018.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of rape in the second degree (Penal Law § 130.30 [1]). We reject defendant's contention that his plea must be vacated pursuant to People v Fuggazzatto (62 N.Y.2d 862 [1984]), which provides that where a defendant pleads guilty to a second indictment "on the...

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