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People v. Wagner

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 1984
105 A.D.2d 719 (N.Y. App. Div. 1984)

Opinion

November 5, 1984

Appeal from the Supreme Court, Westchester County (Rubin, J.).


Sentence affirmed.

The minutes of the plea and sentence are unequivocal and indicate that the promise to impose concurrent terms in the instant case was fully complied with (see People v Ramos, 63 N.Y.2d 640; People v Hood, 62 N.Y.2d 863; People v Frederick, 45 N.Y.2d 520, 526). Accordingly, the defendant is not entitled to the reduction which he seeks. The case of People v McClinton ( 43 A.D.2d 930), which is distinguishable on its facts, does not compel a contrary result. Gibbons, J.P., O'Connor, Weinstein and Lawrence, JJ., concur.


Summaries of

People v. Wagner

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 1984
105 A.D.2d 719 (N.Y. App. Div. 1984)
Case details for

People v. Wagner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUFUS WAGNER, Appellant

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

Date published: Nov 5, 1984

Citations

105 A.D.2d 719 (N.Y. App. Div. 1984)