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PEOPLE v. MITCHELL

102820.

73 A.D.3d 1346 (2010)

901 N.Y.S.2d 405

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAHLAUNE D. MITCHELL, Appellant.

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

Decided May 20, 2010.

Under the terms of a plea agreement, defendant consented to prosecution by a superior court information, purportedly waived his right to appeal and pleaded guilty to attempted rape in the second degree. At sentencing, defendant unsuccessfully moved to withdraw his plea. County Court then sentenced him as a second felony offender to a prison term of four years and postrelease supervision of 10 years. Defendant now appeals.

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