PEOPLE v. COMSTOCK


7 A.D.3d 882 (2004)

775 N.Y.S.2d 916

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT J. COMSTOCK, Appellant.

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

May 13, 2004.


Defendant pleaded guilty to the crime of attempted robbery in the second degree with the understanding that he would be sentenced to four years in prison, unless he successfully completed a drug and alcohol treatment program, in which case he could plead to a misdemeanor charge with no prison time. Thereafter, defendant absconded from the drug treatment facility and a bench warrant was issued. Defendant's subsequent motion to withdraw his guilty plea was denied and he was...

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