PEOPLE v. SAUER


8 A.D.3d 302 (2004)

777 N.Y.S.2d 323

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW SAUER, Appellant.

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

June 1, 2004.


Ordered that the judgment is affirmed.

The defendant was promised concurrent sentences of imprisonment in return for his plea of guilty. At the sentencing, however, after reading the defendant's presentence report, which was very unfavorable, the court enhanced the sentence by adding $15,000 in fines which were not part of the negotiated plea agreement. Although the defendant would be entitled to an opportunity to withdraw his plea (see People v Fulton,

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