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The People of the State of New York, Respondent, v. Michael Holmes, Appellant

New York Supreme Court, Appellate Division2001-09-28
286 A.D.2d 936733 N.Y.S.2d 661

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Opinion

majority opinion

—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.