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PEOPLE v. NALO

47 A.D.2d 613 (1975)

The People of the State of New York, Appellant, v. Sorecho Nalo, Also Known as Sam Nalo, and Robert Comfort, Respondents, et al., Defendant

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

February 20, 1975

Defendants sought vacatur of an indeterminate sentence of 0 to 7 years claiming that the sentencing court, at the time of plea, had promised a maximum sentence of four years. After an evidentiary hearing, and upon sharply conflicting evidence, another Justice found that the claimed promise had been made. He vacated the sentences and gave each defendant an election as to whether he wished to be resentenced to an indeterminate four...

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