Appellate Division of the Supreme Court of New York, 1985

People v. Hamil

People v. Hamil
Appellate Division of the Supreme Court of New York · Decided April 1, 1985
110 A.D.2d 659; 487 N.Y.S.2d 581; 1985 N.Y. App. Div. LEXIS 48555
People v. Hamil

Opinion of the Court

*660The sentence imposed on defendant as a second felony offender is the minimum legal sentence for the crime to which he pleaded guilty (see, Penal Law § 70.06 [3] [b]; [4] [b]; § 140.30). Although it was not the sentence originally agreed to, defendant was afforded an opportunity to withdraw his plea prior to imposition of sentence and, after consultation with counsel, declined to do so. We find no reason to set aside that sentence. Titone, J. P., Lazer, Niehoff and Rubin, JJ., concur.

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