PEOPLE v. EMERICK


29 A.D.2d 770 (1968)

The People of the State of New York, Respondent, v. Charles Emerick, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 13, 1968


Defendant, who was sentenced to a term of five to seven and one-half years, may well have understood the trial court's remarks prior to his plea of guilty as including a promise that if he so pleaded he would receive a term of two and one-half to seven and one-half years. In the circumstances, he should be permitted to withdraw his plea (see, United States v. Parrino, 212 F.2d 919, cert. den. 348 U.S. 840; People v. O'Neill...

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