PEOPLE v. DE FIORE


29 A.D.2d 876 (1968)

The People of the State of New York, Respondent, v. Paul De Fiore, Appellant

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

March 11, 1968


In our opinion, the proof shows that (1) the trial court, in exchange for defendant's guilty plea, made an implied in fact promise to sentence defendant to a minimum term of approximately three and a half years; (2) the latter promise was made because of the trial court's, the People's and defendant's counsel's reliance upon an error of fact, contained in the People's records, concerning the time remaining upon defendant's parole in connection with concurrent terms theretofore...

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