PEOPLE v. BARNETT


216 A.D.2d 618 (1995)

627 N.Y.S.2d 469

The People of the State of New York, Respondent, v. William Barnett, Appellant

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

June 1, 1995


Defendant, a prison inmate who was discovered with a pick-type weapon in the waistband of his pants, pleaded guilty to attempted promoting prison contraband in the first degree. Pursuant to the plea agreement, he was sentenced as a second felony offender to a prison term of 1½ to 3 years to run consecutive to the sentence he was then serving. Initially, we find that insofar as defendant failed to move to withdraw his plea or vacate the judgment of conviction, he may...

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