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PEOPLE v. WILCOX
Appellate Division of the Supreme Court of New York, Second Department.
Dec 17, 1984
Sentence affirmed.
On this record, defendant presents no evidence of either broken promises or prosecutorial misconduct on the part of the District Attorney (see People v. Royster, 104 A.D.2d 1011). Further, as defendant's contentions include matters which are dehors the record, they may not be considered by this court on direct appeal (see People v. Roberts, 89 A.D.2d 912; People v. Johnson, 73 A.D.2d 652). In any event, defendant's assertions of prosecutorial misconduct are beyond the scope of this appeal, which is limited to a review of the "legality, propriety or excessiveness of the sentence imposed" ( 22 NYCRR 670.17 [i]; People v. Johnson, supra). Mollen, P.J., Titone, Thompson and Boyers, JJ., concur.
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