PEOPLE EX REL. MAYE v. SCHENECTADY COUNTY COURT


63 A.D.3d 1471 (2009)

880 N.Y.S.2d 868

THE PEOPLE OF THE STATE OF NEW YORK ex rel. FREDRIC MAYE, Appellant, v. SCHENECTADY COUNTY COURT et al., Respondents.

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

Decided June 25, 2009.


In 2006, petitioner pleaded guilty to attempted criminal sale of a controlled substance in the third degree and waived his right to appeal. When he failed to complete a substance abuse treatment program that would have entitled him to withdraw his plea, he was sentenced as a second felony offender to six years in prison, to be followed by three to five years of postrelease supervision. Petitioner appealed his conviction and it was upheld by this Court (People v Maye,<...

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