PEOPLE v. O'NEIL


272 A.D.2d 686 (2000)

708 N.Y.S.2d 905

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY S. O'NEIL, Appellant.

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

Decided May 11, 2000.


The record indicates that defendant pleaded guilty to the crime of criminal nuisance in the first degree with the understanding that he would be placed on six months' probation. In the event that defendant stayed out of trouble during this six month period, he would be permitted to withdraw his plea of guilty and would instead enter a plea of guilty to a misdemeanor with three years' probation.

When defendant subsequently returned to court, it was learned that defendant...

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