PEOPLE v. MARSHALL


228 A.D.2d 15 (1997)

653 N.Y.S.2d 604

The People of the State of New York, Respondent, v. Bernard Marshall, Appellant

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

January 21, 1997


Attorney(s) appearing for the Case

Daniel L. Greenberg, New York City (Degna P. Levister of counsel), for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie and Barbara Thomashower of counsel; Linda S. Carney on the brief), for respondent.

O'BRIEN, THOMPSON and McGINITY, JJ., concur.


ROSENBLATT, J. P.

The defendant pleaded guilty to attempted sale of a controlled substance in the third degree, a class C felony. It was a negotiated plea, by which all of the terms of the agreement were placed on the record. The court told the defendant that it would sentence him to a determinate term of one day in prison to run concurrently with five years' probation, but that, if the defendant was unfaithful...

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