PEOPLE v. LAGAS

102412

76 A.D.3d 384 (2010)

906 N.Y.S.2d 151

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID W. LAGAS, Also Known as BEAVER, Appellant.

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

Decided July 15, 2010.


Attorney(s) appearing for the Case

David W. Lagas , Elmira, appellant pro se.

Beth G. Cozzolino , District Attorney, Hudson ( H. Neal Conolly of counsel), for respondent.

CARDONA, P.J., ROSE, STEIN and GARRY, JJ., concur.


OPINION OF THE COURT

McCARTHY, J.

In satisfaction of a five-count indictment, defendant pleaded guilty to burglary in the second degree, petit larceny, criminal mischief in the fourth degree (two counts) and burglary in the third degree. Prior to doing so, defendant executed a detailed written plea agreement setting forth a recommended concurrent prison term of 10 years plus five years of postrelease supervision. The agreement, which also recited the maximum...

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