PEOPLE v. BARBER


224 A.D.2d 829 (1996)

638 N.Y.S.2d 223

The People of the State of New York, Respondent, v. Jason A. Barber, Appellant

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

February 22, 1996


Defendant pleaded guilty to the crime of driving while intoxicated, as a felony, in satisfaction of a two-count indictment. As part of the plea agreement, the District Attorney recommended, among other things, that defendant be sentenced to a one-year prison term. However, when defendant failed to appear at the sentencing hearing, County Court refused to follow the District Attorney's recommendation and, inter alia, sentenced defendant to a 1 to 4 year prison term...

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