PEOPLE v. MATTUCCI

103712.

92 A.D.3d 1029 (2012)

937 N.Y.S.2d 727

2012 NY Slip Op 863

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES J. MATTUCCI, Appellant.

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

Decided February 9, 2012.


ROSE, J.P.

Defendant pleaded guilty to burglary in the second degree in full satisfaction of a six-count indictment with the understanding that County Court would sentence him to the minimum available sentence of 3½ years in prison, to be followed by three years of postrelease supervision (see Penal Law § 70.02). Following a review of the presentence investigation report, County Court informed defendant that it would not abide by the plea agreement...

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