PEOPLE v. LOPEZ

2005-04119.

67 A.D.3d 929 (2009)

888 N.Y.S.2d 417

2009 NY Slip Op 08636

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENTE LOPEZ, Appellant.

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

Decided November 17, 2009.


Ordered that the sentence is affirmed.

Contrary to the defendant's contention, the fact that the sentence imposed after trial was greater than the sentence offered during plea negotiations does not establish that he was punished for asserting his right to proceed to trial. It is to be anticipated "that sentences handed out after trial may be more severe than those proposed in connection with a plea" (People v Pena,

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