PEOPLE v. VELAZQUEZ-HERNANDEZ

2019-02730. Ind. No. 2031/18.

193 A.D.3d 1084 (2021)

145 N.Y.S.3d 602

2021 NY Slip Op 02550

The People of the State of New York, Respondent, v. Ismain Velazquez-Hernandez, Appellant.

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

Decided April 28, 2021.


Attorney(s) appearing for the Case

Laurette D. Mulry , Riverhead, NY ( Lisa Marcoccia of counsel), for appellant.

Timothy D. Sini , District Attorney, Riverhead, NY ( Alfred Croce of counsel), for respondent.

Rivera, J.P., Barros, Christopher and Wooten, JJ., concur.


Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, the defendant's plea of guilty and the sentence imposed thereon are vacated, and the matter is remitted to the County Court, Suffolk County, for further proceedings on the indictment.

The defendant pleaded guilty to two counts of driving while intoxicated, aggravated unlicensed operation of a motor vehicle in the first degree, false personation, and operating a motor vehicle...

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