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PEOPLE v. CUESTA

111 A.D.2d 10 (1985)

The People of the State of New York, Respondent, v. Argelio Cuesta, Appellant

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

May 2, 1985

As the District Attorney acknowledges, the court sentenced the defendant to a term of 2 to 4 years for bail jumping in the first degree on the mistaken view that the original promise of a sentence of 1½ to 3 years was illegal, the court mistakenly believing that bail jumping in the first degree was a violent felony.

Accordingly, the sentence is modified to reflect that which was originally promised to the defendant....

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