PEOPLE v. CUCHELO

108095.

155 A.D.3d 1189 (2017)

63 N.Y.S.3d 255

2017 NY Slip Op 07890

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL CUCHELO, Appellant.

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

Decided November 9, 2017.


After waiving indictment, defendant pleaded guilty to a superior court information charging him with driving while intoxicated and executed a waiver of appeal. Although the People promised to recommend a prison sentence of 1 to 3 years as part of the plea agreement, County Court informed defendant prior to his plea that, given defendant's criminal history, it would not follow the People's sentencing recommendation and would instead sentence defendant to a prison term of 1...

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