PEOPLE v. ADAMS


171 A.D.2d 750 (1991)

The People of the State of New York, Respondent, v. Kenneth Adams, Appellant

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

March 11, 1991


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 County Court, Westchester County, for further proceedings consistent herewith.

Our review of the minutes of the plea proceedings reveals that nowhere was it stated on the record that if the defendant were to be adjudicated a second felony offender the sentence would be other than that promised. At sentencing,...

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