PEOPLE v. HOLMES


59 A.D.2d 596 (1977)

The People of the State of New York, Respondent, v. Cerdan C. Holmes, Appellant

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

August 4, 1977


The record reveals that the defendant pleaded guilty to an indictment charging him with discharging a .20-gauge shotgun into the wall of an Elmira bar, in the direction of a person whom he had threatened to kill. The transcript of the sentencing proceeding indicates that the plea was entered on the understanding that defendant would receive an indeterminate term of not more than three years, the very sentence from which he now appeals. On the basis of the facts recited above...

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