PEOPLE v. ORMSBY

103857.

89 A.D.3d 1244 (2011)

932 N.Y.S.2d 383

2011 NY Slip Op 7883

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH G. ORMSBY, Appellant.

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

Decided November 10, 2011.


In satisfaction of a three-count indictment, defendant pleaded guilty to criminal possession of a controlled substance in the third degree and waived his right to appeal. Under the terms of the plea agreement, he was to be sentenced to 4½ years in prison followed by three years of postrelease supervision. Defendant was sentenced accordingly and he now appeals.

Defendant contends that his sentence is illegal because he should have been sentenced to two years of...

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