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People v. Torres

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1995
222 A.D.2d 271 (N.Y. App. Div. 1995)

Opinion

December 12, 1995

Appeal from the Supreme Court, New York County (Rose Rubin, J.).


Although the plea and sentence minutes indicate that defendant was promised the aforesaid concurrent sentences, and the terms of the agreement were confirmed on the record immediately prior to the sentencing, the court inadvertently, during its pronouncement, misstated the sentences by reversing them. Since the record makes plain that the court intended to impose the promised sentences, and merely misspoke, the court properly exercised its inherent power to correct its own errors, and resentenced defendant according to the original promise as understood by all parties ( People v Wright, 56 N.Y.2d 613; People v Minaya, 54 N.Y.2d 360, cert denied 455 U.S. 1024).

Concur — Ellerin, J.P., Rubin, Nardelli, Williams and Mazzarelli, JJ.


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, First Department
Dec 12, 1995
222 A.D.2d 271 (N.Y. App. Div. 1995)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADAM TORRES, Appellant

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

Date published: Dec 12, 1995

Citations

222 A.D.2d 271 (N.Y. App. Div. 1995)
636 N.Y.S.2d 613

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