PEOPLE v. LOPEZ


51 A.D.2d 809 (1976)

The People of the State of New York, Respondent, v. Santos Lopez, Appellant

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

February 23, 1976


Sentence affirmed.

No opinion.

Shapiro, J., dissents and votes to reverse the sentence and to remand the case to Criminal Term for resentence, with the following memorandum:

In my view, from the colloquy between the sentencing court and defendant, it seems clear that the court was of the opinion that the minimum term which it could impose was five years and that it could not impose a minimum term of less than five years. Under the circumstances...

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