PEOPLE v. JONES


99 A.D.2d 1 (1984)

The People of the State of New York, Respondent, v. Thomas M. Jones, Appellant

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

February 2, 1984


Attorney(s) appearing for the Case

David Clegg for appellant.

Michael Kavanagh, District Attorney (Marsha Solomon of counsel), for respondent.

KANE, J. P., CASEY, YESAWICH, JR., and WEISS, JJ., concur.


LEVINE, J.

Following a preplea conference, defendant pleaded guilty to the felony of operating a motor vehicle while under the influence of alcohol after having previously been convicted of the misdemeanor of driving while intoxicated. In return for the plea, the trial court expressly promised that defendant would receive a sentence of not more than 60 days in jail and a $500 fine, with the sole proviso being that...

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