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PEOPLE v. SAINZ

254 A.D.2d 45 (1998)

680 N.Y.S.2d 198

The People of the State of New York, Respondent, v. Oscar Sainz, Appellant

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

October 6, 1998

Defendant's contention that his attorney was ineffective for failing to advise him that the court was not bound to impose the sentence that the People had agreed to recommend would require a CPL 440.10 motion because it is based on facts dehors the record (People v Brown, 45 N.Y.2d 852; see also, People v Ramos, 63 N.Y.2d 640). On the existing...

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