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PEOPLE STATE NEW YORK v. JOSE RODRIGUEZ (10/07/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


October 7, 1968

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JOSE RODRIGUEZ, APPELLANT

Beldock, P. J., Christ, Brennan, Rabin and Munder, JJ., concur.

Prior to the acceptance of defendant's plea of guilty, the court indicated that the sentence would be anywhere between one and a half to three years. Contrary to the understanding in conformity therewith, the sentence thereafter imposed was "Elmira Reformatory". Under the circumstances, defendant should be permitted to withdraw his plea (People v. Emerick, 29 A.D.2d 770, and cases cited therein).

Disposition

Judgment of the Supreme Court, Kings County, rendered December 11, 1967, reversed, on the law and the facts, defendant's plea of guilty vacated, indictment reinstated and case remitted to the Criminal Term for further proceedings not inconsistent herewith.

19681007

© 1998 VersusLaw Inc.



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