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People v. Kessler

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 948 (N.Y. App. Div. 1990)

Opinion

November 16, 1990

Appeal from the Oneida County Court, Darrigrand, J.

Present — Doerr, J.P., Boomer, Pine, Lawton and Davis, JJ.


Judgment unanimously reversed on the law, plea vacated, and matter remitted to Oneida County Court for further proceedings on the indictment. Memorandum: Defendant's plea of guilty to burglary in the third degree was expressly conditioned upon the court's promise that the sentence imposed would run concurrently with that imposed on a prior conviction for burglary in the third degree and grand larceny in the third degree. Because we herein reverse that prior conviction (see, People v. Kessler [appeal No. 1], 167 A.D.2d 947 [decided herewith]), defendant's guilty plea must be vacated (see, People v. Fuggazzatto, 62 N.Y.2d 862).


Summaries of

People v. Kessler

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 948 (N.Y. App. Div. 1990)
Case details for

People v. Kessler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH KESSLER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 16, 1990

Citations

167 A.D.2d 948 (N.Y. App. Div. 1990)
561 N.Y.S.2d 1012