PEOPLE v. McDERMOTT

102526

68 A.D.3d 1453 (2009)

2009 NY Slip Op 9558

891 N.Y.S.2d 515

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN K. McDERMOTT, Appellant.

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

Decided December 24, 2009.


In connection with a plea agreement, defendant signed a 12-page document in which, among other things, he agreed to plead guilty to criminal possession of marihuana in the second degree as set forth in one count of a superior court information, and purportedly waived the right to appeal. One paragraph of the document stated that if defendant was arrested before sentencing, County Court would not be bound by the sentencing agreement and could sentence him up to the maximum...

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