People v. Montgomery

Appellate Division of the Supreme Court of New York

People v. Montgomery

65 A.D.2d 959, 411 N.Y.S.2d 217, 1978 N.Y. App. Div. LEXIS 13893

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

DecidedNovember 10, 1978

StatusPublished

This text of 65 A.D.2d 959 (People v. Montgomery) 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. Montgomery, 65 A.D.2d 959, 411 N.Y.S.2d 217, 1978 N.Y. App. Div. LEXIS 13893 (N.Y. Ct. App. 1978).

Pincite

Opinion

Judgment unanimously reversed, sentence vacated and case remitted to Herkimer County Court for further proceedings in accordance with the following memorandum: In accordance with the agreement entered into between the prosecutor and the defendant, concurred in by the court prior to entry of defendant’s plea of guilty, any minimum sentence imposed on defendant should not have exceeded two and a half years. If on resentencing the court contemplates imposing a minimum sentence in excess of that period, defendant upon application to the court should be permitted to withdraw his plea of guilty. (Appeal from judgment of Herkimer County Court—burglary, first degree, and another charge.) Present—Marsh, P. J., Dillon, Hancock, Jr., Schnepp and Witmer, JJ.

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Judgment unanimously reversed, sentence vacated and case remitted to Herkimer County Court for further proceedings in accordance with the following memorandum: In accordance with the agreement entered into between the prosecutor and the defendant, concurred in by the court prior to entry of defendant’s plea of guilty, any minimum sentence imposed on defendant should not have exceeded two and a half years. If on resentencing the court contemplates imposing a minimum sentence in excess of that period, defendant upon application to the court should be permitted to withdraw his plea of guilty. (Appeal from judgment of Herkimer County Court—burglary, first degree, and another charge.) Present—Marsh, P. J., Dillon, Hancock, Jr., Schnepp and Witmer, JJ.

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Bluebook (online)

65 A.D.2d 959, 411 N.Y.S.2d 217, 1978 N.Y. App. Div. LEXIS 13893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montgomery-nyappdiv-1978.