People v. Brewster

Appellate Division of the Supreme Court of New York

People v. Brewster

42 A.D.2d 542, 345 N.Y.S.2d 968, 1973 N.Y. App. Div. LEXIS 4132

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 19, 1973

StatusPublished

This text of 42 A.D.2d 542 (People v. Brewster) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Brewster, 42 A.D.2d 542, 345 N.Y.S.2d 968, 1973 N.Y. App. Div. LEXIS 4132 (N.Y. Ct. App. 1973).

Pincite

Opinion

Judgment, Supreme Court, New York County, rendered on June 27, 1972, convicting defendant, upon his plea of guilty of criminal possession of a dangerous drug in the fifth degree, unanimously reversed, on the law, and the matter remanded for an evidentiary hearing, as indicated herein. Defendant was sentenced to an indeterminate term of imprisonment not to exceed three years. The District Attorney concedes that a factual issue exists as to whether a one-year sentence promise was, in fact, made to defendant, which induced him to plead guilty, and that an evidentiary hearing is necessary in order to determine this issue. Concur — Kupferman, J. P., Murphy, Lane, Tilzer and Capozzoli, JJ.

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Judgment, Supreme Court, New York County, rendered on June 27, 1972, convicting defendant, upon his plea of guilty of criminal possession of a dangerous drug in the fifth degree, unanimously reversed, on the law, and the matter remanded for an evidentiary hearing, as indicated herein. Defendant was sentenced to an indeterminate term of imprisonment not to exceed three years. The District Attorney concedes that a factual issue exists as to whether a one-year sentence promise was, in fact, made to defendant, which induced him to plead guilty, and that an evidentiary hearing is necessary in order to determine this issue. Concur — Kupferman, J. P., Murphy, Lane, Tilzer and Capozzoli, JJ.

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Bluebook (online)

42 A.D.2d 542, 345 N.Y.S.2d 968, 1973 N.Y. App. Div. LEXIS 4132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brewster-nyappdiv-1973.