People v. Miller

110 A.D.2d 857, 488 N.Y.S.2d 256, 1985 N.Y. App. Div. LEXIS 48768

Opinion

Having voluntarily, knowingly, and intelligently pleaded guilty in 1972 to the predicate felony, the defendant was correctly adjudicated a second felony offender on this conviction (see, People v Harris, 61 NY2d 9). Moreover, the sentence, which was imposed was in accordance with the plea bargain (see, People v Nelson, 104 AD2d 1055; People v La Lande, 104 AD2d 1052), was not unduly harsh or excessive, and we find no basis for reducing it in the interest of justice (see, People v Suitte, 90 AD2d 80). Mollen, P. J., Titone, Thompson and Lawrence, JJ., concur.