PEOPLE v. SAMMS

2020-05164. Ind. No. 6692/05.

208 A.D.3d 1259 (2022)

174 N.Y.S.3d 467

2022 NY Slip Op 05223

The People of the State of New York, Respondent, v. Michael Samms, Appellant.

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

Decided September 21, 2022.


Attorney(s) appearing for the Case

Justin C. Bonus , Forest Hills, NY, for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Gamaliel Marrero of counsel), for respondent.

Dillon, J.P., Roman, Maltese and Dowling, JJ., concur.


Ordered that the order is affirmed.

The instant crimes involving assault and robbery were committed on August 9, 2005. On February 28, 2007, the defendant was offered a plea deal with a promised sentence of 14 years' imprisonment. At a calendar call on May 2, 2007, when the defendant was not produced, and the defendant's counsel was engaged in a trial, the prosecutor made a plea offer which included a sentence of 13 years' imprisonment.

The defendant did not...

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