PEOPLE v. RODRIGUEZ


142 Misc.2d 403 (1988)

The People of the State of New York, Plaintiff, v. Rubin Rodriguez, Defendant.

Supreme Court, Bronx County.

October 6, 1988


Attorney(s) appearing for the Case

Paul Gentile, District Attorney (Raymond Vallejo of counsel), for plaintiff. Robert Koppelman for defendant.


PHYLIS SKLOOT BAMBERGER, J.

This court, after a hearing, grants a motion to vacate a sentence. (CPL 440.20.) The sentence of 3 1/3 to 10 years' imprisonment, imposed on petitioner on October 24, 1972, pursuant to a plea of guilty, failed to fulfill a sentence promise of "zip to ten." The "zip to ten" sentence was an authorized term at the time sentence was imposed, however, the correction in sentence could not be made until this time because petitioner...

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