PEOPLE v. NUNEZ


55 A.D.3d 395 (2008)

866 N.Y.S.2d 34

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FAUSTO NUNEZ, Appellant.

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

October 16, 2008.


At the plea proceeding, the court offered defendant an opportunity to avoid incarceration if he completed a drug treatment program. Then, assuming the satisfaction of other plea conditions, he would be allowed to withdraw his plea to a felony charge and to instead plead guilty to a misdemeanor charge, for which he would be sentenced to time served. It is undisputed that defendant failed to complete the drug treatment program. Accordingly, he was properly sentenced under his...

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