PEOPLE v. DAVIS


187 A.D.2d 750 (1992)

The People of the State of New York, Respondent, v. Thomas F. Davis, Jr., Appellant

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

November 5, 1992


We reject defendant's argument that his plea of guilty to the crime of assault in the third degree in Town Court precluded his subsequent prosecution on the instant felony charge. Nothing in the certificate of disposition indicates that the misdemeanor plea was taken in satisfaction of both that charge and the felony charge. Even if we were to accept defendant's contention that this was the intent of the parties, given the admitted failure of the Town Justice to follow the...

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