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PEOPLE v. OWENS

2010-08955.

99 A.D.3d 1024 (2012)

952 N.Y.S.2d 452

2012 NY Slip Op 7133

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMY LEE OWENS, Appellant.

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

October 24, 2012.

Ordered that the judgment is affirmed.

The defendant contends that the court failed to fulfill the sentencing promise that induced him to plead guilty. However, since the defendant breached the terms of a cooperation agreement that he entered into with the People in connection with his plea, and since he was rearrested, the court was not bound by its original sentencing promise and was free to impose the enhanced sentence...

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