PEOPLE v. DI TULLIO


85 A.D.2d 783 (1981)

The People of the State of New York, Respondent, v. Fernando J. Di Tullio, Appellant

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

December 10, 1981


Defendant, a former police officer, pleaded guilty to bribe receiving in the second degree and official misconduct after engaging in plea negotiations in which the District Attorney had promised that he would make no statement or take any position at the sentencing proceeding. Although no reference to the promise was entered on the record at the time the plea was taken, the Trial Judge conceded at the sentencing proceeding on June 12, 1980 that he was aware of the promise...

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