PEOPLE v. BURKS

S.C.I. No. 22/15, 2015-07816.

144 A.D.3d 698 (2016)

2016 NY Slip Op 07203

39 N.Y.S.3d 835

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHATIKA M. BURKS, Appellant.

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

Decided November 2, 2016.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the record reveals that she was not adjudicated a second felony offender (see Penal Law § 70.06 [1]). Furthermore, there is no indication in the record that the sentence actually imposed, which was the sentence negotiated in the plea agreement, was based on any belief that the defendant was a second felony...

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