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PEOPLE v. SMITH

102547.

81 A.D.3d 1034 (2011)

916 N.Y.S.2d 293

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD SMITH, Appellant.

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

Decided February 10, 2011.

Malone Jr., J.

In satisfaction of a four-count indictment alleging that he took money from a restaurant at knifepoint, defendant pleaded guilty to robbery in the second degree and waived his right to appeal. A second violent felony offender, defendant received the agreed-upon sentence of 12 years in prison to be followed by postrelease supervision of five years. Upon his appeal, we affirm.

Initially, we find that...

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