PEOPLE v. RODRIGUEZ


78 A.D.2d 811 (1980)

The People of the State of New York, Respondent, v. Froilan Rodriguez, Also Known as Froilan Rodriquez, Also Known as Frank Rodriguez, Also Known as Frank Rodriquez, Appellant

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

November 13, 1980


Unanimously modified, on the law, to reduce the maximum to five years and, except, as thus modified, affirmed.

During the plea taking colloquy, defendant was promised a sentence with a maximum of five years. Thereafter, and before accepting the plea, however, the court stated that the promised sentence was not permitted by law and that, accordingly, the maximum would have to be six years. Defendant accepted this modification of the court's promise. In fact, the range...

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