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People v. Hernandez-Flores

Appellate Division of the Supreme Court of New York, First Department
Apr 2, 1991
172 A.D.2d 159 (N.Y. App. Div. 1991)

Opinion

April 2, 1991

Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).


Defendant, charged with various counts of criminal sale and possession of a controlled substance, offered to plead guilty to the crime of criminal sale of a controlled substance in the second degree in full satisfaction of the indictment, in exchange for a promised sentence of 10 years to life. In accepting defendant's plea, the Court erroneously stated that if defendant proceeded to trial he would receive a maximum sentence of 87-1/2 years to life, whereas that maximum sentence was 75 years to life. Even so, the Court correctly stated that a statutory limit of 50 years to life applied.

Initially, we note that the Court's misstatement could not have affected defendant's decision to plead guilty. First, because it was made after defendant had agreed to the terms of the plea bargain, and second, because the Court correctly informed defendant of the aggregate effective sentence which would apply by operation of law. In any event, the error would not warrant reversal (People v. Provosty, 141 A.D.2d 867, lv denied 72 N.Y.2d 960).

Concur — Sullivan, J.P., Ellerin, Kupferman, Ross and Rubin, JJ.


Summaries of

People v. Hernandez-Flores

Appellate Division of the Supreme Court of New York, First Department
Apr 2, 1991
172 A.D.2d 159 (N.Y. App. Div. 1991)
Case details for

People v. Hernandez-Flores

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE HERNANDEZ-FLORES…

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

Date published: Apr 2, 1991

Citations

172 A.D.2d 159 (N.Y. App. Div. 1991)