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PEOPLE v. WENTLAND

2020-00784, 2020-00866. Ind. No. 793/18.

191 A.D.3d 704 (2021)

139 N.Y.S.3d 356

2021 NY Slip Op 00578

The People of the State of New York, Respondent, v. Walter Wentland, Sr., Appellant.

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

Decided February 3, 2021.

Attorney(s) appearing for the Case

Sussman and Associates, Goshen, NY ( Jonathan R. Goldman of counsel), for appellant.

David M. Hoovler , District Attorney, Goshen, NY ( Edward D. Saslaw of counsel), for respondent.

Dillon, J.P., LaSalle, Connolly and Wooten, JJ., concur.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the defendant's motion, in effect, pursuant to CPL 220.60(3) to withdraw his plea of guilty is granted, the plea of guilty is vacated, the order is modified accordingly, and the matter is remitted to the County Court, Orange County, for further proceedings on the indictment.

The appeal from the order must be dismissed. No appeal lies from...

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