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PEOPLE v. MODICA

64 N.Y.2d 828 (1985)

The People of the State of New York, Respondent, v. Victor K. Modica, Appellant.

Court of Appeals of the State of New York.

Decided February 7, 1985.

Attorney(s) appearing for the Case

George Grun, John F. Middlemiss, Jr., and Alfred J. Cicale for appellant.

Patrick Henry, District Attorney (Steven A. Hovani of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.

MEMORANDUM.

The order of the Appellate Division should be modified and the case remitted to Supreme Court for resentence and, as so modified, should be affirmed.

The voluntariness of defendant's plea involves a mixed question of law and fact beyond the review powers of this court (People v Harrison, 57 N.Y.2d 470, 477). Moreover, the mistake of counsel with respect to minimum...

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