PEOPLE v. MILEY


302 A.D.2d 796 (2003)

755 N.Y.S.2d 318

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELLIOT MILEY, Also Known as MATTHEW C. SMITH, Also Known as MARK MAXWELL, Appellant.

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

Decided February 27, 2003.


Defendant pleaded guilty to the crime of perjury in the first degree in satisfaction of a three-count indictment. County Court agreed to sentence defendant to time served and five years' probation. In addition to the two Parker admonishments executed by defendant, the court also emphasized to defendant that if he failed to appear for sentencing, it would not be bound by the plea agreement and could impose any lawful sentence including the maximum. Thereafter, defendant...

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