PEOPLE v. LUKE


281 A.D.2d 947 (2001)

725 N.Y.S.2d 153

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT LUKE, Appellant.

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

Decided March 21, 2001.


Judgment unanimously affirmed.

Memorandum:

In stating on the record that defendant "should serve a long time and not be released to parole until it's absolutely mandatory," the sentencing court did not depart from the plea bargain or in effect impose a determinate term of nine years. Thus, contrary to defendant's contention, the indeterminate term of incarceration of 4½ to 9 years imposed by County Court is legal (see, Penal Law § 70.04 [former...

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