PEOPLE v. JAMES


291 A.D.2d 570 (2002)

738 N.Y.S.2d 246

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL JAMES, Appellant.

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

Decided February 25, 2002.


Ordered that the judgment is affirmed.

The defendant contends that the disparity between the sentence offered to him as part of a plea offer and that imposed upon his conviction establishes that the trial court impermissibly penalized him for exercising his right to a trial. This contention is without merit. The comments by the trial court indicated that it did not improperly enhance the defendant's sentence based on his choice to go to trial. Rather, the sentence...

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