PEOPLE v. GERVASIO

110574.

190 A.D.3d 1190 (2021)

136 N.Y.S.3d 813

2021 NY Slip Op 00455

The People of the State of New York, Respondent, v. Kevin P. Gervasio, Appellant.

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

Decided January 28, 2021.


Attorney(s) appearing for the Case

Rural Law Center of New York, Castleton ( Kristin A. Bluvas of counsel), for appellant.

Karen A. Heggen , District Attorney, Ballston Spa ( Gordon W. Eddy of counsel), for respondent.

Garry, P.J., Egan Jr., Clark, Pritzker and Reynolds Fitzgerald, JJ., concur.


In full satisfaction of a two-count indictment and other pending charges, defendant agreed to plead guilty to one count of grand larceny in the fourth degree with the understanding that he would be sentenced to a prison term of 1½ to 3 years. The plea agreement also required defendant to waive his right to appeal. Following defendant's guilty plea, the matter was adjourned for sentencing. Although defendant was arrested on other charges while on bail awaiting sentencing...

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