PEOPLE v. PERALTA


273 A.D.2d 176 (2000)

711 N.Y.S.2d 723

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR PERALTA, Appellant.

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

Decided June 29, 2000.


At the time defendant's plea was taken, while the court advised defendant that it would attempt to persuade the People to reduce the felony plea to a misdemeanor at the time of sentence provided defendant underwent psychiatric treatment, it made it clear to defendant that there was no guarantee about the success of such a request. The sentencing minutes sufficiently establish that the People steadfastly refused to consent to such a reduction. Accordingly, an objective reading...

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