PEOPLE v. HOGAN JR.


284 A.D.2d 655 (2001)

728 N.Y.S.2d 216

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT L. HOGAN, JR., Appellant.

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

Decided June 14, 2001.


Rose, J.

Upon his plea of guilty to robbery in the third degree in satisfaction of a two-count indictment for robbery and petit larceny, defendant was sentenced to five months in jail and five years' probation. Defendant then allegedly violated the terms of his probation and, after a hearing, he was found guilty and sentenced to 2¼ to 6¾ years in prison. Defendant appeals.

While we agree with defendant that County Court "may not conclude that defendant...

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