PEOPLE v. NUNIZ


39 A.D.3d 879 (2007)

832 N.Y.S.2d 819

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN NUNIZ, Also Known as JOHN NUNEZ, Appellant.

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

Decided April 24, 2007.


Ordered that the judgment is modified, on the law, by reducing the terms of imprisonment imposed on the convictions of attempted murder in the second degree and both counts of assault in the first degree from 15 years to 13 years; as so modified, the judgment is affirmed.

As the People correctly concede, the Supreme Court improperly imposed a sentence greater than that which had been agreed upon at the time of the defendant's plea as a sanction for the defendant's...

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