PEOPLE v. ORTIZ


116 A.D.2d 598 (1986)

The People of the State of New York, Respondent, v. Jose Ortiz, Appellant

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

January 13, 1986


Sentence reversed, on the law, and matter remitted to Criminal Term for resentencing.

During the plea proceedings, the court promised to sentence defendant to an indeterminate term of 2½ to 5 years' imprisonment in exchange for his guilty plea to the crime of attempted burglary in the second degree. The court repeated the terms of the promise at the outset of the sentence proceedings. When it came time to impose sentence, however, the court inexplicably sentenced...

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