PEOPLE v. BAKER


36 A.D.3d 968 (2007)

827 N.Y.S.2d 744

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL S. BAKER, Appellant.

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

Decided January 4, 2007.


Defendant, indicted for grand larceny in the third degree, pleaded guilty. Under the terms of the plea agreement, defendant was to be sentenced, as a second felony offender, to 2 to 4 years in prison if he paid restitution prior to sentencing and, if he did not, to 2½ to 5 years in prison. Defendant did not pay restitution prior to sentencing and was sentenced as a second felony offender to 2½ to 5 years in prison. He now appeals.

We affirm. We find no merit...

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