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PEOPLE v. MINAYA

78 A.D.2d 358 (1981)

The People of the State of New York, Respondent, v. Esteban Minaya, Defendant-Appellant

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

January 15, 1981

Attorney(s) appearing for the Case

Miriam J. Hibel of counsel (William E. Hellerstein, attorney), for defendant-appellant.

Howard Birnbach of counsel (Alan D. Marrus with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

SILVERMAN, BLOOM and CARRO, JJ., concur with BIRNS, J.; KUPFERMAN, J. P., dissents in an opinion.

BIRNS, J.

The issue before us can be stated simply: in the circumstances of the plea and sentence was it permissible for the court, after defendant had begun his sentence, to increase the term of an indeterminate sentence providing for a maximum of three years to an indeterminate sentence providing for a maximum term of eight years? The answer is no.

Defendant pleaded guilty to the crime of attempted...

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