PEOPLE v. GRAY


11 A.D.3d 821 (2004)

783 N.Y.S.2d 428

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALTON GRAY, Appellant.

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

October 28, 2004.


Mercure, J.

In July 2002, defendant pleaded guilty to a superior court information charging him with robbery in the second degree and agreed to a sentence of between 8 and 10 years' imprisonment. County Court ultimately sentenced defendant to a term of 9½ years' imprisonment. Throughout the proceedings, County Court and defense counsel both noted that defendant was not a predicate felony offender, contrary to a statement in the presentence report. Nonetheless...

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