PEOPLE v. CORNWALL


16 A.D.3d 768 (2005)

790 N.Y.S.2d 754

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN CORNWALL, Appellant.

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

March 10, 2005.


Defendant pleaded guilty to attempted assault in the second degree and waived his right to appeal all aspects of the judgment with the exception of the sentence. While the plea agreement included the People's recommendation of a prison term of 1½ to 3 years, defendant acknowledged that County Court made no sentencing commitment and defendant was informed of the sentencing range permitted by statute. Thereafter, defendant was sentenced as a second felony offender to 1...

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