People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMalone Jr., J.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered June 12, 2008, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.
*1035In satisfaction of a four-count indictment alleging that he took money from a restaurant at knifepoint, defendant pleaded guilty to robbery in the second degree and waived his right to appeal. A second violent felony offender, defendant received the agreed-upon sentence of 12 years in prison to be followed by postrelease supervision of five years. Upon his appeal, we affirm.
Initially, we find that…
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