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PEOPLE v. SMITH

32 A.D.2d 545 (1969)

The People of the State of New York, Respondent, v. Dennis J. Smith, Appellant

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

April 14, 1969

No opinion.

Benjamin, J., dissents and votes to reverse the judgment and to vacate the plea of guilty, with the following memorandum:

Before the trial court accepted defendant's change of plea to one of guilty, it asked him whether he understood that under the plea he would be eligible to a sentence of one year in the Nassau County Jail. Defendant answered affirmatively. However, he was sentenced to a reformatory period not to exceed four years...

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