PEOPLE v. HERMANCE


12 A.D.3d 851 (2004)

784 N.Y.S.2d 676

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT A. HERMANCE, Appellant.

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

November 18, 2004.


Crew III, J.

In satisfaction of a two-count indictment, defendant pleaded guilty to driving while intoxicated and was sentenced to 90 days in jail and five years' probation. Defendant now appeals, claiming that his plea was not voluntary because he did not recall operating his motor vehicle on a road and he only answered County Court's questions affirmatively because he was told to do so by defense counsel.

Having failed to move to withdraw his plea or vacate...

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