PEOPLE v. MARSHALL


25 A.D.3d 876 (2006)

807 N.Y.S.2d 691

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROHAN MARSHALL, Appellant.

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

January 12, 2006.


Mercure, J.P.

Defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree and, in so doing, expressly waived his right to appeal. Before County Court accepted the plea, however, it warned defendant that, in the event that he violated the conditions of the plea agreement, including the obligation to return to court on the sentencing date, it would not be bound by the agreed-upon prison sentence of 3 to 6 years. Defendant acknowledged...

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