PEOPLE v. NEAL


41 A.D.3d 971 (2007)

838 N.Y.S.2d 688

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DELMAR NEAL, Appellant.

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

Decided June 14, 2007.


Defendant waived indictment and pleaded guilty to robbery in the second degree as charged in a superior court information. Under the terms of the plea agreement, he waived his right to appeal and was to be sentenced to four years in prison, to be followed by five years of postrelease supervision. During the plea proceedings, County Court mistakenly referenced the sentence as 1 to 4 years in prison. At sentencing, however, County Court imposed the four-year sentence agreed...

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