PEOPLE v. OLIVER


26 A.D.3d 675 (2006)

809 N.Y.S.2d 301

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN OLIVER, Appellant.

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

February 23, 2006.


MUGGLIN, J.

On December 9, 2004, defendant entered a plea of guilty to both counts of an indictment charging him with identity theft in the second degree and falsifying business records in the first degree. At the time defendant entered his plea of guilty, County Court indicated that it would sentence him to a prison term of 1½ to 3 years with a potential alternative sentence of long-term drug rehabilitation. Thereafter, when it became clear that defendant did...

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