PEOPLE v. BURNETT


301 A.D.2d 451 (2003)

753 N.Y.S.2d 367

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RHOAN BURNETT, Appellant.

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

Decided January 23, 2003.


Since defendant made no request to withdraw his plea, his claim that he should have been permitted to do so when the court corrected an illegality in his original negotiated sentence is unpreserved and we decline to review it in the interest of justice (see People v DeValle, 94 N.Y.2d 870; People v Ali, 96 N.Y.2d 840). Moreover, defendant, through counsel, expressly agreed to substitute...

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