PEOPLE v. POWELL


105 A.D.2d 761 (1984)

The People of the State of New York, Respondent, v. Matthew Powell, Appellant

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

November 13, 1984


Judgment modified, on the law, by vacating the sentence. As so modified, judgment affirmed and matter remitted to the County Court, Rockland County, for further proceedings consistent herewith.

Defendant pleaded guilty to grand larceny in the third degree in reliance upon the court's firm promise of a sentence of "up to 90 days and 5 years probation". The court made that promise based upon an incomplete criminal bureau of identification record sheet. When defendant...

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