People v. Faso
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the second degree (Penal Law § 140.25 [2]). Defendant’s contention that County Court erred in failing to offer him the opportunity to withdraw his guilty plea prior to enhancing the sentence is not preserved for our review (see People v VanDeViver, 56 AD3d 1118 [2008], lv denied 11 NY3d 931 [2009], reconsideration denied 12 NY3d 788 [2009]; People v Perry, 252 AD2d 990 [1998], lv denied 92 NY2d 929 [1998]). In any event, that contention lacks merit. Defendant violated the plea agreement by…
2Cases cited11 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. FordNew York Court of Appeals · 1995
- People v. HorneNew York Court of Appeals · 2002
- People v. FigginsNew York Court of Appeals · 1995
- People v. SantosAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by9 opinions
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