PEOPLE v. KELLY


65 A.D.3d 886 (2009)

885 N.Y.S.2d 52

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN C. KELLY, Appellant.

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

Decided September 8, 2009.


On October 11, 2007, defendant appeared with counsel and pleaded guilty, pursuant to a plea agreement, to attempted robbery in the second degree. At the plea proceeding, defendant was adjudicated a second violent felony offender because of a prior Maryland conviction for the crime of abducting a child under 12 years old. Defendant admitted to the Maryland conviction, and, after conferring with counsel, answered in the negative when asked if he was making a constitutional...

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