PEOPLE v. GARDNER


67 A.D.2d 686 (1979)

The People of the State of New York, Respondent, v. Robert Eddie Gardner, Appellant

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

January 15, 1979


Judgment modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed. As so modified, judgment affirmed and case remanded to Criminal Term for further proceedings and resentencing in accordance herewith.

At sentencing, the defendant challenged his prior felony convictions on the ground that his pleas had been coerced. The court called for an immediate hearing. However, defense counsel, without knowledge or evaluation of his client...

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