PEOPLE v. MAYNARD


64 A.D.3d 1197 (2009)

881 N.Y.S.2d 347

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH MAYNARD, Appellant.

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

Decided July 2, 2009.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted arson in the third degree (Penal Law §§ 110.00, 150.10 [1]). The waiver by defendant of the right to appeal does not encompass his contention that Supreme Court erred in enhancing the sentence without affording him an opportunity to withdraw the plea "`because there was no discussion...

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