PEOPLE v. FERNANDEZ


45 A.D.2d 953 (1974)

The People of the State of New York, Respondent, v. Manuel Fernandez, Appellant

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

September 26, 1974


Defendant was charged in the indictment with felonious possession of a pistol. He pleaded not guilty. Subsequently, through counsel, defendant offered to plead guilty to attempted possession of a dangerous weapon as a felony on condition that if the court could not in good conscience impose a sentence of one year imprisonment as recommended by the prosecutor, then defendant would be allowed the opportunity to withdraw his guilty plea. The court accepted defendant's...

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