PEOPLE v. BARZGE


244 A.D.2d 213 (1997)

664 N.Y.S.2d 283

The People of the State of New York, Respondent, v. Jorge Barzge, Also Known as Jorge Barzaga, Also Known as George Barcaga, Appellant

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

November 18, 1997


Defendant seeks vacatur of his sentence and remand for resentencing on the ground that the sentencing court was under the erroneous impression that it lacked authority to impose a more lenient sentence than that agreed to on defendant's guilty plea. While it is well settled that "a court must exercise its discretion at sentencing, notwithstanding that a sentence was negotiated at the time of the plea, and must be free to impose a lesser penalty if warranted" (People...

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