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PEOPLE v. GUERRERO

12 N.Y.3d 45 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX SORIANO GUERRERO, Appellant.

Court of Appeals of New York.

Decided February 19, 2009.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (William A. Loeb and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Richard Nahas and Vincent Rivellese of counsel), for respondent.

Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

READ, J.

On July 20, 2006, defendant Felix Soriano Guerrero pleaded guilty to second-degree intentional murder (Penal Law § 125.25 [1]) in exchange for an indeterminate sentence of 19 years to life imprisonment. At the subsequent sentencing hearing on September 11, 2006, Supreme Court stated that defendant had acknowledged "that he accepts the plea and the Court certainly intends to go ahead and impose the sentence promised at the...

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