PEOPLE v. ALVARADO

2014-02349, Ind. No. 13-00228.

139 A.D.3d 1077 (2016)

30 N.Y.S.3d 827

2016 NY Slip Op 04065

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMY ALVARADO, Appellant.

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

Decided May 25, 2016.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, his plea of guilty was not made in exchange for a promised sentence of an indeterminate term of 2 to 4 years of imprisonment. The record is clear that he did not accept that offer and, therefore, there was no enforceable plea agreement with those terms at the time of sentencing (see People v Guzman, 28 A.D.3d 396, 397 [2006]). Furthermore, the...

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