PEOPLE v. DONNELLY

102971.

80 A.D.3d 797 (2011)

914 N.Y.S.2d 385

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES DONNELLY, Appellant.

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

Decided January 6, 2011.


McCARTHY, J.

Defendant pleaded guilty to a superior court information charging him with burglary in the third degree and waived his right to appeal. The People agreed, as part of the plea bargain, to recommend a sentence of 1 1/3 to 4 years in prison. County Court indicated that it would impose that recommended prison sentence unless the court was "surprised by something" or defendant got "in trouble between now and the sentencing date." The court then asked defendant...

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