PEOPLE v. MORBILLO


56 A.D.3d 694 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL MORBILLO, Also Known as JESUS TORRES, Appellant.

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

November 18, 2008.


Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the County Court, Suffolk County, for further proceedings in accordance herewith.

During the plea proceedings, the County Court failed to advise the defendant that his sentence would run consecutively to the undischarged sentence on his prior conviction. At sentencing, over the defendant's objection, the County Court imposed a consecutive sentence pursuant to Penal...

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