A robbery defendant who was hit with a harder sentence after his case was remanded has persuaded an appellate court that the increased penalty was vindictive. The Appellate Division, Fourth Department, said Allegany County Judge Thomas Brown (See profile) should not have tacked three years on to Brendan Rhodes’ sentence for first-degree robbery after the case was sent back.
Rhodes pleaded guilty in exchange for a determinate term of 12 years. At sentencing, the negotiated sentence was imposed along with an order of restitution that had not been part of the bargain.
