PEOPLE v. RUIZ


284 A.D.2d 486 (2001)

726 N.Y.S.2d 870

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SANTOS RUIZ, Appellant.

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

Decided June 18, 2001.


Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by reducing the term of imprisonment imposed from seven years to five years; as so modified, the judgment is affirmed.

During the plea proceedings, the defendant, the People, and the County Court were under the mistaken impression that the minimum sentence that could be imposed given the defendant's status as a second felony offender was a determinate term of...

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