Opinion

People v. Massey

112 A.D.2d 731 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 1985

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The People of the State of New York v. Michael Massey

Opinions in this case

Majority
Majority

Judgment unanimously reversed, on the law, plea vacated and matter remitted to Monroe County Court for further proceedings on the indictment. Memorandum: Defendant’s plea of guilty must be vacated since the plea was induced, in part, by the understanding that the sentence would run concurrently with a sentence imposed for a conviction now set aside (People v Fuggazzatto, 62 NY2d 862, 863; People v Rogers, 48 NY2d 167, 175; People v Clark, 45 NY2d 432, 440). (Appeal from judgment of Monroe County Court, Cicoria, J. — burglary, second degree.) Present — Hancock, Jr., J. P., Doerr, Denman, O’Donnell and Pine, JJ.