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People v. Kolbasook

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 957 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Green, J.P., Lawton, Callahan, Doerr and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: The record does not support the contention that County Court imposed a more severe sentence than defendant bargained for when he pleaded guilty. The court honored its promise not to impose the maximum sentence of 8 1/3 to 25 years, and no other commitment with respect to sentencing was made. Upon our review of the record, we conclude that "the evidence, the law, and the circumstances of [the] case, viewed in totality and as of the time of the representation," establish that defendant's attorney provided meaningful representation ( People v. Baldi, 54 N.Y.2d 137, 147). The sentence is not unduly harsh or severe. We have examined defendant's remaining contentions and conclude that they are without merit. (Appeal from Judgment of Cayuga County Court, Corning, J. — Rape, 1st Degree.)


Summaries of

People v. Kolbasook

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 957 (N.Y. App. Div. 1997)
Case details for

People v. Kolbasook

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK KOLBASOOK…

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

Date published: Apr 25, 1997

Citations

238 A.D.2d 957 (N.Y. App. Div. 1997)
661 N.Y.S.2d 558