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PEOPLE v. ALBERGOTTI

No. 98

17 N.Y.3d 748 (2011)

952 N.E.2d 1010

929 N.Y.S.2d 18

2011 NY Slip Op 4769

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLEN ALBERGOTTI, Appellant.

Court of Appeals of New York.

Decided June 9, 2011.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Robert S. Dean of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Matthew C. Williams and Frank Glaser of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The Appellate Division order should be affirmed.

Defendant pleaded guilty to second-degree forgery in satisfaction of charges related to his use of a forged traveler's check in a retail store. In exchange, defendant was promised a second felony offender sentence of 2 to 4 years—the minimum for a class D felony, provided he return to court, "stay out of trouble," and cooperate with the Department of Probation...

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