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PEOPLE EX REL. PROCTOR v. HENDERSON

74 A.D.2d 718 (1980)

The People of the State of New York ex rel. Allen Proctor, Appellant, v. Robert J. Henderson, as Superintendent of The Auburn Correctional Facility, Respondent

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

February 20, 1980

Judgment unanimously affirmed without prejudice to relator instituting a CPL 440.20 proceeding in New York County.

Memorandum:

In April, 1977 relator entered a plea of guilty to two Class D felonies. The court promised a sentence of 0 to 3 years on each plea, to run concurrently. At the time of sentencing it erroneously appeared that relator had a prior Federal felony conviction which caused the court to withdraw its promised sentence and a withdrawal of the...

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