PEOPLE v. BLACKMON

112550.

207 A.D.3d 962 (2022)

170 N.Y.S.3d 522

2022 NY Slip Op 04676

The People of the State of New York, Respondent, v. Mark A. Blackmon, Appellant.

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

Decided July 21, 2022.


Attorney(s) appearing for the Case

Michael T. Baker , Public Defender, Binghamton ( Alison C. Gachter of counsel), for appellant.

Michael A. Korchak , District Attorney, Binghamton ( Rita M. Basile of counsel), for respondent.

Garry, P.J., Lynch, Aarons, Reynolds Fitzgerald and Fisher, JJ., concur.


Pursuant to a plea agreement, defendant pleaded guilty to robbery in the second degree as charged in an indictment. In exchange, County Court committed to a sentencing cap of five years, with a minimum sentence of 3½ years, to be followed by a period of postrelease supervision of no more than three years. At sentencing, the court imposed a prison sentence of five years, to be followed by three years of postrelease supervision. Defendant appeals.

Defendant argues...

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