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People v. Hernandez

29 A.D.2d 865 Court N.Y. App. Div. Decision date 1968-03-04 English

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p. 865
The People of the State of New York, Respondent, v. Ernesto Hernandez, Appellant.

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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