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PEOPLE v. PALMA

305 A.D.2d 333 (2003)

760 N.Y.S.2d 472

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID PALMA, Appellant.

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

Decided May 29, 2003.

Defendant pleaded guilty and agreed to an aggregate sentence of 5 to 10 years at a time when his attorney, the prosecutor and the court were all under the mistaken impression that the maximum aggregate sentence that could be imposed in this case was 5½ to 11 years. However, it is now undisputed that the maximum aggregate sentence permitted was 4 5/6 to 11 years. Defendant brought a motion to vacate judgment and set aside sentence...

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