PEOPLE v. GASTON


127 Misc.2d 1007 (1985)

The People of the State of New York, Plaintiff, v. Luis Gaston, Defendant.

Supreme Court, Bronx County.

February 26, 1985


Attorney(s) appearing for the Case

William D. Gibney for defendant. Mario Merola, District Attorney (Michael Eng of counsel), for plaintiff.


ALVIN SCHLESINGER, J.

The defendant moves to be resentenced nunc pro tunc as of April 7, 1983. The significance of that date is revealed in the recitation of the facts which are undisputed.

The defendant pleaded guilty before this court to the crime of attempted burglary in the third degree and sentence was initially scheduled for September 10, 1982, at which time the defendant was present. It was adjourned to November 19, 1982, at which time...

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