PEOPLE v. MILLER


284 A.D.2d 724 (2001)

728 N.Y.S.2d 526

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONNY MILLER, Also Known as AB, Appellant.

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

Decided June 21, 2001.


Crew III, J.

Defendant's challenge to the legality of the enhanced sentence imposed upon him as a second felony offender is not encompassed by his waiver of the right to appeal (see, People v Mann, 258 A.D.2d 738, 739, lv denied 93 N.Y.2d 900). Nevertheless, having negotiated a favorable plea bargain and entered his guilty plea with the clear understanding that he would...

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