Appellate Division of the Supreme Court of New York, 1968

People v. Hernandez

People v. Hernandez
Appellate Division of the Supreme Court of New York · Decided March 4, 1968
29 A.D.2d 865; 289 N.Y.S.2d 394; 1968 N.Y. App. Div. LEXIS 4509
People v. Hernandez

Opinion of the Court

Judgment of the Supreme Court, Kings County, rendered March 4, 1966, modified, on the law and the facts, by reducing the sentence imposed from a term of 2% to 5 years to a term of 2% to 3 years. As so modified, judgment affirmed. The colloquy between the court and appellant at the time óf plea indicates that appellant was promised a sentence of 2Yz to 3 years (cf. People v. Farina, 2 A D 2d 776, affd. 2 N Y 2d 454). Beldock, P. J., Christ, Rabin, Benjamin and Martuscello, JJ., concur.

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