PEOPLE v. DALEY


302 A.D.2d 745 (2003)

755 N.Y.S.2d 749

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK DALEY, Appellant.

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

Decided February 20, 2003.


Spain, J.

Defendant was charged by indictment with promoting prison contraband in the first degree for possessing an 8½-inch sharpened metal rod. Defendant entered a plea of guilty in full satisfaction of the indictment and, consistent with the plea agreement, was sentenced as a second felony offender to a prison term of 1½ to 3 years.

On this appeal, defendant first contends that County Court erred when...

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