PEOPLE v. BARTON


265 A.D.2d 238 (1999)

697 N.Y.S.2d 591

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL BARTON, Also Known as DAVID DELARGE, Appellant.

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

Decided October 26, 1999.


We perceive no abuse of sentencing discretion. The record fails to support defendant's claim that the sentence was motivated by vindictiveness due to defendant's successful challenge of his alleged second felony offender status. The court's imposition of a renegotiated sentence of 2 1/3 to 7 years in place of the sentence of 2½ to 5 years (which would not have been lawful in the circumstances) that had been negotiated on the assumption that defendant was a second felony...

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