PEOPLE v. BRANCH


2 A.D.3d 872 (2003)

769 N.Y.S.2d 389

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

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

December 29, 2003.


Ordered that the judgment is affirmed.

The defendant argues for the first time that the County Court erred in imposing a period of probation excess of that promised as part of the plea agreement, and that accordingly the period of probation should be reduced.

The defendant's failure at the time of sentencing either to object to the County Court's violation of the plea agreement or to attempt to withdraw his plea precludes the court from granting the relief...

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