People v. Soler

Appellate Division of the Supreme Court of New York

People v. Soler

116 A.D.2d 453, 497 N.Y.S.2d 867, 1986 N.Y. App. Div. LEXIS 51308

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

DecidedJanuary 2, 1986

StatusPublished

This text of 116 A.D.2d 453 (People v. Soler) 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. Soler, 116 A.D.2d 453, 497 N.Y.S.2d 867, 1986 N.Y. App. Div. LEXIS 51308 (N.Y. Ct. App. 1986).

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Opinion

Judgment, Supreme Court, New York County (Eve M. Preminger, J.), rendered September 10, 1984, convicting defendant upon his plea of guilty of burglary in the second degree and sentencing him to 3 Vi to 7 years’ imprisonment, unanimously modified, on the law, to reduce defendant’s sentence to a prison term of 3 to 6 years and, as so modified, affirmed.

In exchange for defendant’s guilty plea he was promised that he would receive the minimum sentence permitted by law under the circumstances for the crime charged. Defendant was a second felony offender. The minimum sentence for a predicate felon for burglary in the second degree, a class C felony, is an indeterminate prison term of from 3 to 6 years (Penal Law § 70.06 [3] [c]; [4] [b]), not 3 Vi to 7 years as was originally thought. Concur—Murphy, P. J., Kupferman, Ross, Asch and Ellerin, JJ.

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Judgment, Supreme Court, New York County (Eve M. Preminger, J.), rendered September 10, 1984, convicting defendant upon his plea of guilty of burglary in the second degree and sentencing him to 3 Vi to 7 years’ imprisonment, unanimously modified, on the law, to reduce defendant’s sentence to a prison term of 3 to 6 years and, as so modified, affirmed.

In exchange for defendant’s guilty plea he was promised that he would receive the minimum sentence permitted by law under the circumstances for the crime charged. Defendant was a second felony offender. The minimum sentence for a predicate felon for burglary in the second degree, a class C felony, is an indeterminate prison term of from 3 to 6 years (Penal Law § 70.06 [3] [c]; [4] [b]), not 3 Vi to 7 years as was originally thought. Concur—Murphy, P. J., Kupferman, Ross, Asch and Ellerin, JJ.

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Bluebook (online)

116 A.D.2d 453, 497 N.Y.S.2d 867, 1986 N.Y. App. Div. LEXIS 51308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-soler-nyappdiv-1986.

Opinion

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