PEOPLE v. OBERT


1 A.D.3d 631 (2003)

766 N.Y.S.2d 264

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID J. OBERT, Appellant.

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

November 6, 2003.


Kane, J.

In satisfaction of a six-count indictment, defendant pleaded guilty to one felony and one misdemeanor, with a recommendation of the minimum sentence on the felony and a concurrent sentence for the misdemeanor. Defendant then moved to withdraw his plea alleging that he was intoxicated and "not in his right mind" when the plea was made, and that he was innocent. County Court denied the motion and sentenced defendant as a second felony offender to the agreed...

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