PEOPLE v. HOLLEY


168 A.D.2d 992 (1990)

The People of the State of New York, Respondent, v. Shawn D. Holley, Also Known as Shawn Mack, Appellant

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

December 21, 1990


Judgment unanimously affirmed.

Memorandum:

In February 1987, defendant was sentenced to 168 days in jail (time served) and five years' probation on his plea to second degree criminal possession of stolen property. At the time of the plea and sentencing, neither the prosecution nor the court was aware that defendant had a prior felony conviction. In fact, the People's plea offer, and the court's consent to it, was in part the product of defense counsel's express...

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