PEOPLE v. NICHOLS


85 A.D.2d 753 (1981)

The People of the State of New York, Respondent, v. David M. Nichols, Appellant

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

December 3, 1981


On May 7, 1980, defendant was sentenced to an indeterminate term of imprisonment having a maximum term of 25 years upon his plea of guilty of the crime of rape in the first degree. Although it was not a matter of record at the plea proceedings, the Trial Judge indicated at sentencing that he had stated at a preplea conference that "I don't know enough to give you anything conclusive now [regarding sentencing] but I will follow the recommendation of the Probation Department...

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