PEOPLE v. HUMPHREY


293 A.D.2d 772 (2002)

739 N.Y.S.2d 653

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES G. HUMPHREY, Appellant.

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

Decided April 4, 2002.


Lahtinen, J.

Defendant entered a plea of guilty of rape in the third degree upon the understanding that the defense and the People would jointly recommend a prison sentence of 1½ to 3 years to be imposed on defendant as a second felony offender based upon a Georgia burglary conviction. County Court advised defendant that it would not be bound by the joint recommendation and could impose a maximum sentence of 2 to 4 years. At sentencing, a question arose as to...

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