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PEOPLE v. MONTOYA

138 A.D.2d 528 (1988)

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

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

March 14, 1988

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing.

The defendant pleaded guilty to criminal possession of a controlled substance in the second degree in satisfaction of the indictment. On accepting the plea, the sentencing court indicated that, pursuant to its agreement...

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