Citation Numbers： 84 A.D.2d 649, 444 N.Y.S.2d 497, 1981 N.Y. App. Div. LEXIS 15773
Filed Date： 10/29/1981
Status： Precedential
Modified Date： 11/1/2024
Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered December 17,1980, convicting defendant upon his plea of guilty of the crime of robbery in the third degree. On October 29, .1980, defendant, while on parole from a 1974 conviction for bank robbery and using a .32 caliber pistol, held up a motel clerk, stealing $150. He was apprehended, waived indictment, and pleaded guilty to a prosecutor’s information charging one count of robbery in the third degree. The court imposed a sentence of three and one-half to seven years, the maximum for a second felony offender. This appeal ensued. Defendant raises several challenges to the validity of the sentence imposed. The record establishes that defendant was fully represented by counsel at all stages and voluntarily pleaded guilty pursuant to a negotiated plea bargain. Contrary to defendant’s argument, the record reflects that at the time of the plea the court emphasized that defendant faced a possible maximum term of seven years. No promises were made. At sentencing, defendant was confronted with and given the opportunity to controvert the prior felony conviction (CPL 400.21, subd 3). He declined to controvert and