PEOPLE v. BOBO


41 A.D.3d 129 (2007)

836 N.Y.S.2d 604

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD BOBO, Appellant.

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

Decided June 5, 2007.


Defendant correctly states that he should be permitted to withdraw his plea because "[t]he record demonstrates that the defendant's plea was entered into upon the mistaken belief of the court and the parties that the Division of Parole possessed the discretion to run any undischarged sentence concurrently with the negotiated sentence imposed in this case, when, in fact, the terms are required to run consecutively" (People v Smith, 279 A.D.2d 487

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