PEOPLE v. LOPEZ (HECTOR)


28 N.Y.2d 148 (1971)

The People of the State of New York, Appellant, v. Hector Lopez and Roberto Lopez, Also Known as Robert Lopez, Respondents.

Court of Appeals of the State of New York.

Decided March 3, 1971.


Attorney(s) appearing for the Case

Frank S. Hogan, District Attorney (Lewis R. Friedman, Michael R. Juviler and William C. Donnino of counsel), for appellant.

Albert L. Richter for Roberto Lopez and Emma Alden Rothblatt and Stephen H. Peskin for Hector Lopez, respondents.

Chief Judge FULD and Judges BURKE and BERGAN concur with Judge GIBSON; Judge JASEN dissents and votes to reverse in a separate opinion in which Judges SCILEPPI and BREITEL concur.


GIBSON, J.

The issue arises upon the People's contention that sentences for consecutive terms in excess of the periods permitted by the applicable statute were imposed pursuant to a plea bargain and were valid as proper subjects of the plea-bargaining process. In unanimously reversing the judgments of conviction, the Appellate Division correctly held that the two crimes of which each defendant was convicted ...

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