PEOPLE v. ELLISON

2017-00204, Ind. No. 883/16.

176 A.D.3d 969 (2019)

108 N.Y.S.3d 365

2019 NY Slip Op 07413

The People of the State of New York, Respondent, v. Lodea Ellison, Appellant.

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

Decided October 16, 2019.


Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( David P. Greenberg of counsel), for appellant.

John M. Ryan , Acting District Attorney, Kew Gardens, NY ( John M. Castellano and Johnnette Traill of counsel; Kristin Rainis on the memorandum), for respondent.

Mastro, J.P., Leventhal, Miller, Duffy and LaSalle, JJ., concur.


Ordered that the sentence is affirmed.

The defendant entered into a plea agreement pursuant to which he pleaded guilty to one count of burglary in the third degree and waived his right to appeal. In return, the defendant was promised a sentence of three years' imprisonment with no postrelease supervision.

When the defendant appeared for sentencing, however, the Supreme Court informed the defendant that it could not honor its sentencing commitment because the...

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