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People v. Trammell

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 1995
211 A.D.2d 527 (N.Y. App. Div. 1995)

Opinion

January 19, 1995

Appeal from the Supreme Court, New York County (Herbert Altman, J.).


The plea and sentence minutes show that, contrary to defendant's claim, the court never promised to merge the new 5 to 10 year sentence with the undischarged portion of the previously imposed 4 to 8 year sentence, and in fact specifically informed defendant, who was a second violent felony offender, that the sentences would run consecutively (see, Penal Law § 70.25 [2-a]; People v. Acosta, 187 A.D.2d 329, lv denied 81 N.Y.2d 881). No hearing on defendant's motion to set aside the sentence was required since the plea and sentence minutes contradict defendant's essential allegation of fact (CPL 440.30 [d] [i]; see, People v. Cunningham, 119 A.D.2d 938, lv denied 67 N.Y.2d 1051).

Concur — Rosenberger, J.P., Asch, Rubin and Nardelli, JJ.


Summaries of

People v. Trammell

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 1995
211 A.D.2d 527 (N.Y. App. Div. 1995)
Case details for

People v. Trammell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD TRAMMELL…

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

Date published: Jan 19, 1995

Citations

211 A.D.2d 527 (N.Y. App. Div. 1995)
622 N.Y.S.2d 439

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