PEOPLE v. MARTIN


17 A.D.3d 775 (2005)

793 N.Y.S.2d 241

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT R. MARTIN, Appellant.

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

April 14, 2005.


Spain, J.

In satisfaction of a seven-count indictment, defendant pleaded guilty under the second count to attempted sodomy in the first degree, a class C violent felony. The plea colloquy reflects County Court's recitation that a 3½ to 15-year prison term is within the range for a class C violent felony (see Penal Law § 70.02 [2] [a]; [3] [b]), and that the plea agreement provided for a 12-year prison sentence. After noting that defendant had a prior...

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