PEOPLE v. RUMBERGER


262 A.D.2d 801 (1999)

693 N.Y.S.2d 248

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL J. RUMBERGER, Appellant.

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

Decided June 17, 1999.


Yesawich Jr., J.

Based upon a plea bargain which included a waiver of the right to appeal, defendant, who was originally charged with burglary in the third degree, pleaded guilty to attempted burglary in the third degree. He was sentenced in accordance with the plea bargain to four months in jail and five years' probation. On appeal defendant contends that his waiver of the right to appeal should not be enforced and that his sentence is harsh and excessive.

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