PEOPLE v. WITHERSPOON


155 A.D.2d 636 (1989)

The People of the State of New York, Respondent, v. Tyrone Witherspoon, Also Known as Larry Brown, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 20, 1989


Ordered that the judgment is affirmed.

The defendant, who was represented throughout by counsel and who pleaded guilty with the understanding that the sentence the People agreed to recommend was premised on his status as a second felony offender, contends that resentencing is required because Supreme Court failed to observe the procedures required by CPL 400.21. However, the record before us demonstrates that the defendant...

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