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PEOPLE v. AYERS

192 A.D.2d 1134 (1993)

596 N.Y.S.2d 630

The People of the State of New York, Respondent, v. Sterling Ayers, Appellant. (Appeal No. 1.)

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

April 14, 1993

Judgment unanimously affirmed.

Memorandum:

Upon defendant's guilty plea, County Court expressly conditioned its sentence promise on defendant not being arrested between the date of the plea and the day of sentencing. That condition was properly imposed (see, People v Outley, 80 N.Y.2d 702). Defendant was arrested before the day of sentencing while committing a burglary, and the court imposed a greater sentence...

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