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State Courts -
New York - January 30, 2007
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People v. Hill, 7952-7953, Ind. 1694/01,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Overview: When defendant was not advised, upon pleading guilty, that a post-release supervision period would be imposed, Penal Law § 70.45 did not impose such a period by operation of law, but a trial court could modify his sentence to impose incarceration and post-release supervision totaling the sentence he was originally promised, removing any prejudice.
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People v. Johnson, 2006-00393, 2006-00406, (Ind. Nos. 2528/04, 1719/05),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 30, 2007, Decided
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People v. Latham, 9895-9896, Ind. 7147/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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Overview: Because the trial court placed defendant in an untenable position by asking him to either abandon his motion to withdraw his guilty plea or admit perjury, the trial court denied defendant a reasonable opportunity to present his contention that the plea was coerced; the trial court erred in summarily denying defendant's motion to withdraw his plea.
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People v. Limontas, 72, SCI 4224/01,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 30, 2007, Decided , January 30, 2007, Entered
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