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PEOPLE v. GORDON

101173.

2008 NY Slip Op 06232

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IVAN C. GORDON JR., Appellant.

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

Decided and Entered: July 10, 2008.

Attorney(s) appearing for the Case

John E. Kenny, Middle Falls, for appellant.

Nicole M. Duve, District Attorney, Canton (Laurie L. Paro of counsel), for respondent.

Before: Peters, J.P., Spain, Lahtinen, Kane and Stein, JJ.

MEMORANDUM AND ORDER

In satisfaction of a three-count indictment, defendant pleaded guilty to driving while intoxicated and waived his right to appeal. The plea agreement included a sentence to a one-year term of interim probation, with no promise as to sentencing at the end of interim probation. Prior to the date of sentencing, however, defendant was arrested for offenses arising out of his operation of a motor vehicle after having consumed alcohol. County Court...

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