Appellate Division of the Supreme Court of the State of New York July 22, 2004 (People v. Coss)

Appeal from a judgment of the County Court of Madison County (DiStefano, J.), rendered March 11, 2003, convicting defendant upon his plea of guilty of the crime of rape in the third degree.

Defendant pleaded guilty to the crime of rape in the third degree with the understanding that he would receive a sentence of 2 to 4 years. Prior to sentencing, defendant moved to withdraw his plea.