PEOPLE v. SURACI


79 A.D.2d 716 (1980)

The People of the State of New York, Respondent, v. Henry Suraci, Appellant

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

December 29, 1980


Order affirmed.

The Judge presiding at the plea proceeding promised that he would impose a sentence on defendant which would run concurrently with a previously imposed sentence. He did not condition this promise on a presentence report. After receiving the report the Judge offered to allow defendant to withdraw his plea or accept a consecutive sentence. The defendant took the second option. In our view the Judge's failure to condition the sentence promise on a presentence...

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