PEOPLE v. BARNER


39 A.D.2d 985 (1972)

The People of the State of New York, Respondent, v. Wayne F. Barner, Appellant

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

June 21, 1972


On June 18, 1971 appellant pleaded guilty to a charge of burglary in the third degree in full satisfaction of a pending indictment charging him with burglary in the third degree and petit larceny. On August 2, 1971 appellant was sentenced to an indeterminate period not exceeding five years in the Clinton Correctional Facility. Appellant's position is that it was agreed by both the prosecutor and the Trial Judge that if he pleaded guilty he would only be sentenced to one year...

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