PEOPLE v. STALLWORTH

102193.

87 A.D.3d 1176 (2011)

929 N.Y.S.2d 508

2011 NY Slip Op 6426

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD STALLWORTH, Appellant.

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

Decided September 15, 2011.


In satisfaction of a three-count indictment, defendant pleaded guilty to attempted burglary in the second degree and waived his right to appeal. As part of the plea agreement, he was to be sentenced as a second felony offender to three years in prison, to be followed by three years of postrelease supervision. Supreme Court, however, advised defendant at that time that if the court felt that a greater sentence was warranted based upon information contained in the presentence...

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