PEOPLE v. MONTGOMERY


65 A.D.2d 959 (1978)

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

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

November 10, 1978


Judgment unanimously reversed, sentence vacated and case remitted to Herkimer County Court for further proceedings in accordance with the following memorandum: In accordance with the agreement entered into between the prosecutor and the defendant, concurred in by the court prior to entry of defendant's plea of guilty, any minimum sentence imposed on defendant should not have exceeded two and a half years. If on resentencing the court contemplates imposing a minimum sentence...

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