PEOPLE v. PERALES

2008-08868, Ind. No. 2077/05.

153 A.D.3d 1366 (2017)

2017 NY Slip Op 06556

59 N.Y.S.3d 902

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD PERALES, Appellant.

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

Decided September 20, 2017.


Ordered that the judgment is affirmed.

The defendant was told by his attorney at the plea proceeding that he would receive certain good-time credit toward his sentence. This advice was incorrect, because the plea agreement called for the defendant to receive an indeterminate prison term, not a determinate prison term (see Correction Law § 803). At the sentencing proceeding, the defendant sought vacatur of his...

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