PEOPLE v. FLEMING


50 A.D.3d 1390 (2008)

855 N.Y.S.2d 765

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OTHNEIL FLEMING, Appellant.

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

Decided April 24, 2008.


Waiving his right to appeal, defendant pleaded guilty to criminal possession of a controlled substance in the fifth degree, with the understanding that he would be sentenced to 2½ to 5 years in prison. At the time of the plea, County Court informed defendant that an enhanced sentence of 3½ to 7 years in prison could be imposed if he did not abide by the conditions of the plea agreement, which included cooperating with the presentence investigation and appearing...

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