PEOPLE v. BURT


57 A.D.3d 1171 (2008)

868 N.Y.S.2d 558

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMION BURT, Appellant.

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

December 18, 2008.


Waiving his right to appeal, defendant pleaded guilty to criminal sale of a controlled substance in the second degree. In accordance with the plea agreement, County Court thereafter sentenced defendant as a second felony offender to 10 years in prison and five years of postrelease supervision. Defendant now appeals, challenging his sentence on two separate grounds.

First, defendant asserts that he was improperly sentenced as a second felony offender because County...

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