PEOPLE v. RESPRESS


231 A.D.2d 934 (1996)

648 N.Y.S.2d 361

The People of the State of New York, Respondent, v. James Respress, Appellant

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

September 27, 1996


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him, upon a plea of guilty, of burglary in the second degree. He contends that the prosecutor's withdrawal of the original plea offer "constituted an abuse of discretion and was against public policy". Defendant raises this issue for the first time on appeal and it therefore has not been preserved for our review (see, CPL 470.05 [2]). Were we to reach the merits...

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