PEOPLE v. CHISHOLM


49 A.D.2d 545 (1975)

The People of the State of New York, Respondent, v. James Chisholm, Appellant

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

July 10, 1975


The record discloses, and the People concede, that on the day the guilty plea was entered the prosecutor stated that he would recommend a one-year term of incarceration, but would not oppose a sentence of probation if the court was so disposed on the basis of a favorable presentence probation report. Nevertheless, at sentencing, the prosecutor recommended a three-year prison term; and it was imposed after defendant refused an offer to withdraw his plea. Several hours thereafter...

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