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People v. Holmes

286 A.D.2d 936 Court N.Y. App. Div. Decision date 2001-09-28 English

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p. 936
The People of the State of New York, Respondent, v Michael Holmes, Appellant.
[733 NYS2d 661]

—Judgment unanimously affirmed. Memorandum: The contention of defendant that County Court improperly enhanced his sentence without offering him an opportunity to withdraw his plea of guilty is not preserved for our review {see, CPL 470.05 [2]; People v Santos, 283 AD2d 998 ) and, in any event, is without merit. The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Monroe County Court, Connell, J. — Assault, 2nd Degree.) Present — Green, J. P., Scudder, Kehoe, Gorski and Lawton, JJ.