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People v. Latora, Latora, Latora

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1987
128 A.D.2d 808 (N.Y. App. Div. 1987)

Opinion

March 23, 1987

Appeal from the Supreme Court, Kings County (Bonomo, J., Goldstein, J.).


Ordered that the judgments are affirmed.

Each of the defendants was charged, inter alia, in indictment No. 4358/81, with burglary in the first degree (Penal Law § 140.30), a class B violent felony offense (see, Penal Law § 70.02 [a]). In accordance with a negotiated plea agreement, the defendants were permitted to plead guilty to a single class E felony in full satisfaction of the various indictments and were promised sentences of probation. Prior to sentencing, the court granted the People's motion to vacate these pleas of guilty as unlawful pursuant to CPL 220.10 (5) (d) (ii), which provides that a plea of guilty in satisfaction of an indictment charging a class B violent felony offense must include at least a plea of guilty to a class D violent felony offense.

Since the acceptance of the pleas was erroneous as a matter of law, and sentence had not yet been imposed (see, People v Bartley, 47 N.Y.2d 965; cf., Matter of Campbell v. Pesce, 60 N.Y.2d 165), the pleas of guilty were properly vacated, and the pleas of not guilty reinstated as to all counts in the several indictments. Bracken, J.P., Rubin, Sullivan and Harwood, JJ., concur.


Summaries of

People v. Latora, Latora, Latora

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1987
128 A.D.2d 808 (N.Y. App. Div. 1987)
Case details for

People v. Latora, Latora, Latora

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN LATORA, ROBERT…

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

Date published: Mar 23, 1987

Citations

128 A.D.2d 808 (N.Y. App. Div. 1987)

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