PEOPLE v. MERCHANT

102980.

79 A.D.3d 1526 (2010)

913 N.Y.S.2d 421

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRANDON N. MERCHANT, Appellant.

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

Decided December 30, 2010.


SPAIN, J.

Upon his plea of guilty, defendant was convicted of burglary in the second degree and grand larceny in the second degree for breaking into a residence and taking a safe containing a substantial amount of cash and other items. Defendant further executed an appeal waiver, but reserved his right to appeal the sentence if County Court imposed a sentence greater than the jointly recommended one of 3½ years in prison, 2½ years of postrelease supervision...

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