PEOPLE v. BOUTON


40 A.D.2d 383 (1973)

The People of the State of New York, Respondent v. Russell Bouton, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 16, 1973.


Attorney(s) appearing for the Case

James R. Harvey for appellant.

Willard C. Best for respondent.

MARSH, J. P., MOULE, SIMONS and HENRY, JJ., concur.


CARDAMONE, J.

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...

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