PEOPLE v. BALLATO

2013-06207

128 A.D.3d 846 (2015)

9 N.Y.S.3d 152

2015 NY Slip Op 04140

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY BALLATO, Appellant.

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

Decided May 13, 2015.


Appeal by the defendant from a judgment of the County Court, Suffolk County (Iliou, J.), rendered May 1, 2013, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the County Court, Suffolk County, for further proceedings on the indictment.

In February 2010, the defendant pleaded guilty to burglary in the...

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