PEOPLE v. GREENE


7 A.D.3d 923 (2004)

776 N.Y.S.2d 527

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN GREENE, Appellant.

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

May 20, 2004.


Rose, J.

After a jury trial, defendant was convicted of attempted robbery in the first degree and attempted robbery in the second degree. Through counsel, he then negotiated an agreement two months prior to sentencing whereby he waived his right to appeal in exchange for being sentenced as a predicate felon (see Penal Law § 70.06) rather than as a persistent felon (see Penal Law § 70.10). In accordance with the agreement, defendant was sentenced...

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