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The People of the State of New York v. Robert E. Straight

State of New York Supreme Court, Appellate Division Third Judicial Department


May 9, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ROBERT E. STRAIGHT, APPELLANT.

Appeal from a judgment of the County Court of Chenango County (Sullivan, J.), rendered February 25, 2011, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the fourth degree.

The opinion of the court was delivered by: Peters, P.J.

MEMORANDUM AND ORDER

Calendar Date: March 19, 2013

Before: Peters, P.J., Rose, Stein and Egan Jr., JJ.

On this appeal from a judgment convicting defendant upon his plea of guilty of criminal possession of stolen property in the fourth degree, he asserts that County Court erred in imposing an enhanced sentence based upon his arrest on an unrelated matter between the time of the plea proceeding and sentencing. Defendant entered this guilty plea simultaneously with his plea of guilty to another crime (People v Straight, ___ AD3d ___ [appeal No. 104088] [decided herewith]) and, during the proceeding, County Court warned defendant that he could be subject to an enhanced sentence if he did "anything . . . inappropriate in terms of violating the law" prior to sentencing. For the reasons set forth in our decision in People v Straight (supra), we reject defendant's claim that the court's admonishment was vague or unclear and find County Court's imposition of an enhanced sentence to be appropriate.

Rose, Stein and Egan Jr., JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court

20130509

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