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People v. Oliver

278 A.D.2d 847 Court N.Y. App. Div. Decision date 2000-12-27 English

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p. 847
The People of the State of New York, Respondent, v Dewitt Oliver, Appellant.
[718 NYS2d 690]

Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his contention concerning the factual sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662 , 665). In any event, contrary to defendant’s contention, the People provided County Court with a special information indicating that defendant had previously been convicted of a crime, and defendant admitted that he had been so convicted. The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Cayuga County Court, Corning, J. — Violation of Probation.) Present — Hayes, J. P., Hurlbutt, Scudder, Kehoe and Lawton, JJ.

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