PEOPLE v. GAUTHIER

102018.

73 A.D.3d 1229 (2010)

899 N.Y.S.2d 679

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD J. GAUTHIER, Appellant.

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

Decided May 6, 2010.


Stein, J.

In January 2002, defendant waived indictment and agreed to be prosecuted by a superior court information charging him with assault in the second degree, a class D felony (see Penal Law § 120.05). Defendant pleaded guilty and waived his right to appeal. Pursuant to the plea agreement, County Court (Nicandri, J.) placed defendant on interim probation in March 2002. After defendant violated his probation in July 2002, he was thereafter sentenced...

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