PEOPLE v. CRUZ


211 A.D.2d 537 (1995)

621 N.Y.S.2d 869

The People of the State of New York, Respondent, v. Hector Cruz, Appellant

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

January 24, 1995


After consulting with his counsel, defendant accepted the plea offer, and received the agreed upon sentence of a term of 2 to 4 years, which defendant concedes is a legal sentence to be imposed upon a second felony offender, convicted of the instant crime. Although as part of the plea agreement, defendant waived his right to appeal from the judgment, he now contends that the sentence should be vacated and the matter remanded for resentence, since there may have been a misunderstanding...

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