PEOPLE v. HOLMES


64 A.D.2d 657 (1978)

The People of the State of New York, Respondent, v. Raymond Holmes, Also Known as Ray Doecer, Appellant

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

July 17, 1978


Judgment reversed, on the law, and case remitted to the Criminal Term for further proceedings in accordance herewith.

The People concede that defendant should have been given the opportunity to withdraw his guilty plea and stand trial when, following his adjudication as a predicate felony offender, the sentencing court was powerless to impose the sentence of zero to seven years' imprisonment which had been promised the defendant when the plea was entered (cf. People...

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