PEOPLE v. DARCY


34 A.D.3d 230 (2006)

823 N.Y.S.2d 77

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID DARCY, Also Known as DAVID E. DARCY and as DAVID EDWARD DARCY, Appellant.

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

Decided November 2, 2006.


Defendant claims that, without conducting a sufficient inquiry to determine the validity of his postplea arrest, the court improperly sentenced him under his plea of guilty to a felony, which had been accompanied by a promise that he could obtain a misdemeanor disposition by meeting certain conditions. However, although defendant asserted his innocence of the charge underlying his new arrest, he neither requested a hearing or further inquiry, nor moved to withdraw his plea...

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