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PEOPLE v. MILLER

Appellate Division of the Supreme Court of New York, Second Department.
Apr 22, 1985

Judgment affirmed.

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 N.Y.2d 9). Moreover, the sentence, which was imposed was in accordance with the plea bargain ( see, People v Nelson, 104 A.D.2d 1055; People v. La Lande, 104 A.D.2d 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 A.D.2d 80). Mollen, P.J., Titone, Thompson and Lawrence, JJ., concur.