People v. Holmes

Appellate Division of the Supreme Court of New York

People v. Holmes

64 A.D.2d 657, 407 N.Y.S.2d 57, 1978 N.Y. App. Div. LEXIS 12472

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

DecidedJuly 17, 1978

StatusPublished

Cited by1 cases

This text of 64 A.D.2d 657 (People v. Holmes) 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. Holmes, 64 A.D.2d 657, 407 N.Y.S.2d 57, 1978 N.Y. App. Div. LEXIS 12472 (N.Y. Ct. App. 1978).

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Opinion

—Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 10, 1977, convicting him of manslaughter in the first degree, on his plea of guilty, and imposing sentence. Judgment reversed, on the law, and case remitted to the Criminal Term for further proceedings in accordance herewith. The People concede that defendant should have been given the opportunity to withdraw his guilty plea and stand trial when, following his adjudication as a predicate felony offender, the sentencing court was powerless to impose the sentence of zero to seven years’ imprisonment which had been promised the defendant when the plea was entered (cf. People v Twiggs, 58 AD2d 726). Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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—Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 10, 1977, convicting him of manslaughter in the first degree, on his plea of guilty, and imposing sentence. Judgment reversed, on the law, and case remitted to the Criminal Term for further proceedings in accordance herewith. The People concede that defendant should have been given the opportunity to withdraw his guilty plea and stand trial when, following his adjudication as a predicate felony offender, the sentencing court was powerless to impose the sentence of zero to seven years’ imprisonment which had been promised the defendant when the plea was entered (cf. People v Twiggs, 58 AD2d 726). Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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Bluebook (online)

64 A.D.2d 657, 407 N.Y.S.2d 57, 1978 N.Y. App. Div. LEXIS 12472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holmes-nyappdiv-1978.

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