PEOPLE v. MARQUEZ


250 A.D.2d 398 (1998)

672 N.Y.S.2d 692

The People of the State of New York, Respondent, v. Raymond Marquez, Appellant

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

May 7, 1998


Defendant's motion to withdraw his pleas was properly denied. The original sentence agreement provided for 5 years probation, the first 90 days to be served in jail. Although that sentence would have been illegal, the court took proper curative action by eliminating the 90-day jail term and thereafter imposing a lawful sentence of probation only (see, Matter of Kisloff v Covington, 73 N.Y.2d 445; People v Monereau,...

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