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IN THE MATTER OF DEAL v. GOORD

8 A.D.3d 769 (2004)

778 N.Y.S.2d 319

In the Matter of DEREK A. DEAL, Appellant, v GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

June 10, 2004.

Cardona, P.J.

Pursuant to a plea of guilty, petitioner was convicted of one count of burglary in the second degree, a class C violent felony, in 1999 (see Penal Law § 70.02 [1] [b]; § 140.25). County Court followed the terms of the plea agreement and sentenced petitioner as a second felony offender to a term of imprisonment of five years (see Penal Law § 70.06 [6] [b]). At sentencing, County Court did not advise petitioner that an automatic...

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