PEOPLE v. COUTTS


277 A.D.2d 1029 (2000)

715 N.Y.S.2d 350

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT COUTTS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.


Judgment unanimously affirmed.

Memorandum:

Defendant contends that County Court erred in failing to afford him an opportunity to withdraw his plea before imposing a greater sentence than agreed to at the time of the plea. Before sentencing the court learned that defendant was a second felony offender, so the promised sentence of 2 to 4 years' incarceration was not permitted for assault in the second degree, a class D violent felony. The court sentenced defendant...

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