PEOPLE v. RIZZO

NO. 1427/14, 2991

147 A.D.3d 439 (2017)

46 N.Y.S.3d 580

2017 NY Slip Op 00918

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES RIZZO, Appellant.

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

Decided February 7, 2017.


Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered January 20, 2015, convicting defendant, upon his plea of guilty, of attempted robbery in the third degree, and sentencing him, as a second felony offender, to a term of 1 ½ to 3 years, unanimously modified, on the law, to remand for resentencing and for further proceedings on defendant's plea withdrawal motion in accordance with this decision.

The court and defense counsel were under the mistaken...

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