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PEOPLE v. JOHNSON

2982, 3043/06

76 A.D.3d 463 (2010)

907 N.Y.S.2d 6

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERARD JOHNSON, Appellant.

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

Decided August 24, 2010.

In exchange for defendant's plea, the court promised to impose a sentence of 15 years, and defendant signed a waiver of his appellate rights in conjunction with the plea. The waiver explicitly covered any excessive sentence claim. As part of his plea allocution, defendant was advised that his sentence could be increased up to the maximum of 25 years if he committed any crime between the plea and sentencing.

Before sentencing...

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