PEOPLE v. SAMUELS

103122.

80 A.D.3d 1077 (2011)

915 N.Y.S.2d 758

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARION SAMUELS, Appellant.

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

Decided January 27, 2011.


ROSE, J.

In 2000, defendant pleaded guilty to criminal possession of a controlled substance in the third degree and waived his right to appeal, upon the understanding that he would be permitted to replead to a lesser charge if he cooperated with law enforcement officials. He did not cooperate, and County Court sentenced him, as a second felony offender, to an indeterminate term of imprisonment. Defendant subsequently applied for resentencing

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