PEOPLE v. ESPOSITO


32 N.Y.2d 921 (1973)

The People of the State of New York, Respondent, v. John Esposito, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1973.


Attorney(s) appearing for the Case

Irving Anolik for appellant.

Frank S. Hogan, District Attorney (Michael P. Stokhamer and Michael R. Juviler of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER concur.


MEMORANDUM.

The order is reversed and the case remitted to Supreme Court, New York County, with a direction to resentence defendant to a term of four years. Under the circumstances found herein, it was erroneous as a matter of law when, upon defendant's sentencing, the court did not inform the defendant that the plea-bargaining agreement could not be kept. The court had an obligation to so advise the defendant. (Cf. People...

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