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People v. Atkinson

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1987
127 A.D.2d 841 (N.Y. App. Div. 1987)

Opinion

February 23, 1987

Appeal from the Supreme Court, Kings County (Meyerson, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the court properly declined to permit him to withdraw his plea of guilty. The record clearly reveals that the defendant was specifically informed that if it were discovered that he had been convicted of a predicate felony, he would be subject to different or additional punishment. Accordingly, the defendant cannot now claim that he was not so advised or that "the court violated the plea agreement when it imposed the `additional time' once it learned defendant indeed had `a prior felony conviction'" (People v. Mack, 107 A.D.2d 822; see also, People v. Dodson, 114 A.D.2d 421; People v. Dickerson, 110 A.D.2d 846). Mollen, P.J., Bracken, Lawrence and Sullivan, JJ., concur.


Summaries of

People v. Atkinson

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1987
127 A.D.2d 841 (N.Y. App. Div. 1987)
Case details for

People v. Atkinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD ATKINSON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 23, 1987

Citations

127 A.D.2d 841 (N.Y. App. Div. 1987)

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