PEOPLE v. SMALL


192 A.D.2d 889 (1993)

597 N.Y.S.2d 191

The People of the State of New York, Respondent, v. Edward Small, Appellant

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

April 22, 1993


Defendant was originally sentenced to five years' probation following his conviction of driving while intoxicated as a felony. Defendant then pleaded guilty to violating the terms of his probation and, at the plea hearing on the violation of probation charge, agreed to a prison sentence of one year. Defendant also acknowledged that if he failed to appear for sentencing that County Court would be free to impose a sentence of 1 1/3 to 4 years' imprisonment. Defendant did fail...

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