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People v. Kearney

266 A.D.2d 862 Court N.Y. App. Div. Decision date 1999-11-12 English

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p. 862
The People of the State of New York, Respondent, v Michael Kearney, Appellant.
[698 NYS2d 193]

—Judgment unanimously affirmed. Memorandum: The negotiated sentence is neither unduly harsh nor severe (see, People v Kohler, 147 AD2d 937 , lv denied 73 NY2d 1017 ). Contrary to the contention of the People, defendant need not preserve his right to appeal the harshness of the negotiated sentence (see, People v Pollenz, 67 NY2d 264 , 268). (Appeal from Judgment of Monroe County Court, Egan, J. — Burglary, 3rd Degree.) Present — Den-man, P. J., Green, Pine, Scudder and Callahan, JJ.

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