PEOPLE v. DAVIS

103503.

84 A.D.3d 1645 (2011)

923 N.Y.S.2d 364

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH M. DAVIS, Appellant.

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

Decided May 26, 2011.


EGAN Jr., J.

Defendant waived indictment and, in satisfaction of a superior court information, pleaded guilty to burglary in the third degree, waived his right to appeal and was sentenced to the agreed-upon prison term of 2½ to 5 years. Defendant now appeals contending, among other things, that his plea was involuntary.

Preliminarily, defendant argues and the People concede that the underlying waiver of the right to appeal is invalid. As for the remaining...

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