PEOPLE v. ELLIBY


80 A.D.2d 875 (1981)

The People of the State of New York, Respondent, v. Robert Elliby, Appellant

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

March 16, 1981


Judgment affirmed.

Defendant was charged by felony complaint with the crime of arson in the second degree. Defense counsel and the District Attorney negotiated a plea bargain pursuant to which defendant would plead guilty to a class A misdemeanor in full satisfaction of the charge. Defense counsel so notified defendant, who had been released on his own recognizance, by a letter sent to his last known address. However, defendant had since moved, leaving no forwarding...

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