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PEOPLE v. BRECKNER

215 A.D.2d 229 (1995)

626 N.Y.S.2d 773

The People of the State of New York, Respondent, v. William Breckner, Appellant

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

May 16, 1995

Defendant's original sentence of concurrent terms of 10 years to life having been vacated by this Court because his adjudication as a persistent violent felony offender was erroneous (179 A.D.2d 410), defendant was resentenced on remand, as a second violent felony offender, to a term of 10 to 20 years. Defendant claims that because the plea agreement was initially negotiated and accepted under the mistaken understanding that he was a persistent...

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