PEOPLE v. BAILEY


50 A.D.2d 522 (1975)

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

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

November 6, 1975


The sentence imposed was not excessive in light of what occurred but, for the reason stated below, the case is remanded. It fairly appears from the colloquy which occurred on May 10, 1972, at the time of defendant's entering the guilty plea, that there was an understanding that the sentence to be imposed would not exceed one year. There was nothing to indicate a conditional foundation for the "promise". Obviously, the court was not bound to impose a sentence not exceeding...

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