PEOPLE v. CLARK


61 A.D.3d 1179 (2009)

876 N.Y.S.2d 564

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID G. CLARK, Appellant.

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

Decided April 16, 2009.


PETERS, J.

Defendant pleaded guilty to criminal possession of a weapon in the second and third degrees, criminal possession of stolen property in the fourth degree (two counts) and resisting arrest (two counts). Pursuant to a plea bargain, the People and defendant agreed to jointly recommend an aggregate prison term of eight years, although County Court would not be bound by such recommendation. During the plea allocution, defendant stated that he pulled out a loaded...

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