PEOPLE v. JOHNS, JR.


267 A.D.2d 718 (1999)

700 N.Y.S.2d 267

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY D. JOHNS, JR., Appellant.

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

Decided December 16, 1999.


Carpinello, J.

In satisfaction of a charge of rape in the first degree, a class B violent felony, defendant entered a plea of guilty of attempted rape in the first degree, a class C violent felony, with the understanding that he would be sentenced to a determinate prison term of 5½ years. Defendant was sentenced as agreed and he executed a waiver of the right to appeal. He now appeals, challenging the sentence.

While defendant's unlimited waiver of the...

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