PEOPLE v. WETMORE


51 A.D.2d 591 (1976)

The People of the State of New York, Respondent, v. William Wetmore, Appellant

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

January 26, 1976


Sentence affirmed.

The sentence imposed by the County Court was neither unlawful nor excessive. We note, however, that we have not considered defendant's other arguments. Where a defendant alleges an off-the-record sentence promise, or a misunderstanding on his part at the time of sentencing as to the date of his release (see People v Simmons, 40 A.D.2d 563), the proper vehicle for relief is a motion to vacate the judgment...

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