PEOPLE v. RODRIGUEZ


30 A.D.2d 964 (1968)

The People of the State of New York, Respondent, v. Jose Rodriguez, Appellant

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

October 7, 1968


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.

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...

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