PEOPLE v. SMALLS

103442.

85 A.D.3d 1450 (2011)

926 N.Y.S.2d 192

2011 NY Slip Op 5373

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GILBERT SMALLS III, Appellant.

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

Decided June 23, 2011.


Defendant was charged in an indictment with grand larceny in the fourth degree. He pleaded guilty to that charge in full satisfaction of the indictment and other pending charges. Under the terms of the plea agreement, defendant was to be sentenced as a second felony offender to 1½ to 3 years in prison. During the plea proceedings, County Court warned defendant that if he was arrested and charged with any other crimes prior to sentencing, he could receive the maximum...

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