PEOPLE v. RASTORFER


35 A.D.2d 708 (1970)

The People of the State of New York, Respondent, v. Raoul Eric Rastorfer, Also Known as Richard Rastorfer, Appellant

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

October 20, 1970


It may eventually prove true, as suggested by the prosecutor, that "a reinstated appeal of this conviction would be a futile and time-consuming gesture." However, unlike the situation found in People v. Ramos (34 A.D.2d 1109), where a similar denial without a hearing was affirmed, this defendant did not receive the minimum sentence for the crime to which he had pleaded guilty, and may, therefore, possibly have a viable ground for a claim of excessive sentence. As is...

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