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PEOPLE v. RIVERA

127 Misc.2d 790 (1985)

The People of the State of New York, Plaintiff, v. Edwin Rivera, Defendant.

Supreme Court, Trial Term, New York County.

March 18, 1985

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Kristine Hamann of counsel), for plaintiff. Caesar Cirigliano, John C. Needham and Alan D. Oboler for defendant.

SHIRLEY R. LEVITTAN, J.

On November 13, 1984, defendant pleaded guilty to the crime of robbery in the second degree (Penal Law § 160.10). At the time of his plea it was promised that if defendant was found to be a second violent felony offender (Penal Law § 70.04), he would receive a sentence of 6 to 12 years in prison. On the other hand, if defendant was found by the court to be a persistent violent felony offender (Penal Law § 70.08)...

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