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PEOPLE v. WYSTOZALY

103096.

80 A.D.3d 894 (2011)

914 N.Y.S.2d 426

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD E. WYSTOZALY, Appellant.

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

Decided January 13, 2011.

CARDONA, P.J.

Following his April 2008 arrest, defendant was charged by felony complaint with driving while intoxicated (hereinafter DWI). When he subsequently appeared in Richfield Town Court, his counsel informed the Town Justice that defendant had agreed to accept the People's offer to plead guilty to a misdemeanor charge, and the Town Justice stated that he would accept the plea. Moments later, while reviewing the file, the Assistant District Attorney apparently...

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