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PEOPLE v. AQUINO

2017-13233.

194 A.D.3d 732 (2021)

143 N.Y.S.3d 580

2021 NY Slip Op 02810

The People of the State of New York, Respondent, v. Melvin Aquino, Appellant.

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

Decided May 5, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , New York, NY ( Antonio Villaamil of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Michael Ofori on the brief), for respondent.

Mastro, A.P.J., Rivera, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the judgment is affirmed.

The defendant waived his right to be prosecuted by indictment and agreed to be prosecuted under a superior court information (hereinafter SCI) charging him with attempted robbery in the second degree. The defendant pleaded guilty to the charge in exchange for a promised sentence of 2 years' imprisonment followed by 2 years of postrelease supervision. The promised sentence was imposed.

The defendant's contention that the...

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