PEOPLE v. CALDWELL

102521.

80 A.D.3d 998 (2011)

914 N.Y.S.2d 688

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT CALDWELL, Appellant.

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

Decided January 20, 2011.


Garry, J.

Following a failed attempt to bring a quantity of heroin to his brother, a prison inmate, defendant pleaded guilty to attempted promoting prison contraband in the first degree, waived his right to appeal and was sentenced as a second felony offender to the agreed-upon prison term of 1½ to 3 years. Defendant now appeals contending, among other things, that he was improperly sentenced as a second felony offender.

Preliminarily, defendant's challenge...

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