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When persons convicted of felonies in Erie County cannot afford to hire a lawyer for an appeal, the Legal Aid Bureau of Buffalo is assigned by The Appellate Court to represent them.
Defendant TD had been promised a sentence of five years in exchange for a guilty plea to a lesser offense. At sentencing, the judge recalled the promise a little differently and ordered him to serve eight years in prison. On appeal our attorney, citing the transcript of the plea proceeding wherein she had found noted the five-year proffer, argued that the Court had not kept its bargain with the appellant. The Appellate Division agreed and modified TD's sentence to the originally negotiated five years.
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