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PEOPLE v. BROWN

KA 05-01911.

67 A.D.3d 1427 (2009)

890 N.Y.S.2d 741

2009 NY Slip Op 08385

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE BROWN, Appellant. (Appeal No. 1.)

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

Decided November 13, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of assault in the first degree (Penal Law § 120.10 [1]). Defendant failed to preserve for our review his contention that Supreme Court penalized him for exercising his right to trial by imposing a more severe sentence after trial than that offered as part of the plea bargain (see People v Slater,...

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