PEOPLE v. SMITH

103305.

100 A.D.3d 1102 (2012)

953 N.Y.S.2d 377

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Louis J. SMITH, JR., Appellant.

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

November 8, 2012.


Egan Jr., J.

Defendant waived indictment and agreed to be prosecuted pursuant to a superior court information charging him with burglary in the third degree. Pursuant to the negotiated plea, defendant agreed to waive his right to appeal, admit his status as a second felony offender and pay an unspecified sum of restitution; in return, County Court agreed to sentence defendant to a prison term of 2 to 4 years. Insofar as is relevant here, the plea was conditioned upon...

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