Appellate Division of the Supreme Court of New York, 2001

People v. Holmes

People v. Holmes
Appellate Division of the Supreme Court of New York · Decided September 28, 2001
286 A.D.2d 936; 733 N.Y.S.2d 661; 2001 N.Y. App. Div. LEXIS 9122
People v. Holmes

Opinion of the Court

—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.

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