PEOPLE v. NELSON


51 A.D.3d 1137 (2008)

856 N.Y.S.2d 730

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHAN C. NELSON, Appellant.

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

Decided May 8, 2008.


Rose, J.

After a loaded firearm was found under the driver's seat of the vehicle defendant was operating, he was indicted on one count of criminal possession of a weapon in the third degree. A plea bargain was negotiated, but County Court twice rejected defendant's plea allocutions because they included professions of innocence. Thereafter, defendant waived his right to a jury trial and consented to a bench trial upon stipulated facts. Based on those facts and the...

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