PEOPLE v. EDWARDS


148 A.D.2d 923 (1989)

The People of the State of New York, Respondent, v. Bert R. Edwards, Appellant

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

March 10, 1989


Judgment unanimously affirmed.

Memorandum:

The sentencing court properly set aside defendant's sentence to lifetime probation. Thereafter, defendant was resentenced to a term of three years' to life imprisonment. The sentence first imposed was invalid as a matter of law because the prosecutor failed to recommend "either orally on the record or in a writing filed with the indictment" that defendant be sentenced to...

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