PEOPLE v. CLYDE


232 A.D.2d 246 (1996)

648 N.Y.S.2d 299

The People of the State of New York, Respondent, v. Elyon Clyde, Appellant

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

October 15, 1996


After realizing that defendant did not plead guilty to an "armed felony", the sentencing court properly departed from the agreed upon sentence of 3½ to 7 years and sentenced the defendant to a term of 3½ to 10½ years. As defendant made no assertion at the time of sentencing that he should be entitled to withdraw his guilty plea, or that his sentence should be reduced, his corresponding appellate claims are unpreserved and we decline to reach them in the interest...

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