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Plea vacated because of misinformation from judge

Defendant wants to keep right to appeal

The Fourth Department has ordered an Erie County Court judge to accept a defendant’s request to withdraw a guilty plea on six counts of second-degree burglary. In December 2014 defendant Bryan Colon pleaded guilty to the charges and Judge Sheila A. DiTullio sentenced him to up to 15 years in prison. But the Appellate Division of state ...