PEOPLE v. SCHERMERHORN


41 A.D.3d 975 (2007)

839 N.Y.S.2d 274

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DALE A. SCHERMERHORN, Appellant.

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

Decided June 14, 2007.


Defendant was charged in an indictment with two counts of felony driving while intoxicated. During the initial plea proceedings, the parties discussed a sentence that included 90 days in jail, probation and defendant's participation in drug treatment court, but those discussions ended when it was discovered that defendant previously underwent treatment in connection with prior alcohol-related convictions. He ultimately pleaded guilty...

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