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PEOPLE v. ACOSTA

187 A.D.2d 329 (1992)

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

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

November 17, 1992

Although the court, in promising defendant a sentence of 2½ to 5 years, stated that it would recommend to the Parole Board that the term run concurrently to any unserved time owed to the Parole Board, such recommendation was not binding on the Parole Board (see, People ex rel. Coleman v Smith, 75 A.D.2d 706) and indeed defendant was so advised by the court. By law, the sentence had to run consecutively to defendant's...

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