PEOPLE v. HOLMES


89 N.Y.2d 838 (1996)

675 N.E.2d 460

652 N.Y.S.2d 725

The People of the State of New York, Respondent, v. David Holmes, Also Known as Eddie Estalo, Appellant.

Court of Appeals of the State of New York.

Decided November 19, 1996.


Attorney(s) appearing for the Case

Robert M. O'Leary, Public Defender of Broome County, Binghamton (William L. Brown of counsel), for appellant.

Gerald F. Mollen, District Attorney of Broome County, Binghamton (Carol A. Cocchiola of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

After being indicted for criminal possession of a controlled substance in the third and fifth degrees, defendant pleaded guilty to criminal possession of a controlled substance in the third degree. He falsely represented to the trial court his name and age as 19 years. The trial court granted defendant's request to be released pending sentencing,...

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