PEOPLE v. NEWELL


271 A.D.2d 873 (2000)

708 N.Y.S.2d 483

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN K. NEWELL, Appellant.

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

Decided April 27, 2000.


Carpinello, J.

Defendant waived indictment and pleaded guilty to a superior court information charging him with sodomy in the third degree with the understanding that he would be sentenced to a prison term of 1 1/3 to 4 years. Defendant waived his right to appeal as part of the plea agreement and was ultimately sentenced to the agreed-upon prison term. This appeal ensued.

Initially, a review of the plea allocution reveals that defendant entered a knowing,...

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