PEOPLE v. RHODES


251 A.D.2d 906 (1998)

674 N.Y.S.2d 865

The People of the State of New York, Respondent, v. Walter B. Rhodes, Sr., Appellant

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

June 25, 1998


Peters, J.

Upon defendant's plea of guilty to the crime of burglary in the third degree, the District Attorney and defense counsel jointly recommended a one-year jail term, to which County Court did not agree to be bound. Defendant also waived his right to appeal. On the day of sentencing, the People filed a statement alleging that defendant was the subject of a prior felony conviction. The People requested, in a motion joined by defense counsel, that...

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