[DOWNLOAD] "People State New York v. Russell Bouton" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Russell Bouton
- Author : Supreme Court of New York
- Release Date : January 16, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[11] Appellant was convicted on his plea of guilty to driving while intoxicated as a felony and thereafter sentenced to an indeterminate term with a maximum of four years. His claim that his plea was made upon an understanding that he would be sentenced as though for a misdemeanor is conclusively refuted by the plea minutes. He was represented by the same counsel at sentencing and no objection to the sentence on the grounds now alleged was made at that time nor was an appropriate motion to set the sentence aside subsequently made under CPL 440.20. Appellants counsel admits in his affidavit respecting the conversation with the sentencing court and the prosecutor that the court made the sentence dependent on a presentence investigation and report which the sentencing Judge did not have [40 A.D.2d 383 Page 384]