PEOPLE v. WHITTAKER


257 A.D.2d 854 (1999)

685 N.Y.S.2d 130

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH J. WHITTAKER, Appellant.

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

Decided January 21, 1999.


Mikoll, J. P.

Defendant pleaded guilty to assault in the second degree in satisfaction of a multicount superior court information, waiving his right to appeal. When the plea was entered, County Court agreed to impose a sentence of six months in jail and five years of probationary supervision. The commitment was conditioned upon, inter alia, defendant's committing no Penal Law violations before the sentencing date. In the interim, however, defendant was arrested...

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