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People v. Coker

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1981
79 A.D.2d 1032 (N.Y. App. Div. 1981)

Opinion

January 26, 1981


Appeal by defendant from a judgment of the County Court, Dutchess County, rendered February 15, 1977, convicting him of criminal possession of a weapon in the third degree and criminal possession of stolen property in the second degree, upon his plea of guilty, and sentencing him as a second felony offender to a term of imprisonment of 3 1/2 to 7 years. Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed and case remitted to the County Court for resentence in accordance herewith. At the time of the plea the People expressly promised as part of the bargain that they would take no position with respect to an appropriate sentence. In contravention of this agreement, the prosecutor recommended at the time of sentencing that the maximum authorized term be imposed. On appeal the People concede that this was error (see People v. Harrison, 46 A.D.2d 665; People v. Catti, 43 A.D.2d 958). While we find no impropriety on the part of the sentencing Judge, under the circumstances of the case the matter should be remitted to the County Court for resentence before another Judge at which time no sentence recommendation should be made by the prosecutor (see People v. Harrison, supra; People v. Catti, supra). The court also erred in failing to impose sentence on each count upon which defendant stood convicted and in failing to specify upon which count the sentence was imposed (see CPL 380.20). Damiani, J.P., Gibbons, Rabin and Thompson, JJ., concur.


Summaries of

People v. Coker

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1981
79 A.D.2d 1032 (N.Y. App. Div. 1981)
Case details for

People v. Coker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LYNN COKER, Appellant

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

Date published: Jan 26, 1981

Citations

79 A.D.2d 1032 (N.Y. App. Div. 1981)