PEOPLE v. MARSHALL

104860.

108 A.D.3d 883 (2013)

968 N.Y.S.2d 408

2013 NY Slip Op 5251

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES D. MARSHALL, Appellant.

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

Decided July 11, 2013.


Defendant waived indictment and agreed to be prosecuted by a superior court information charging him with burglary in the third degree and conspiracy in the fourth degree. He thereafter pleaded guilty to burglary in the third degree in satisfaction of those charges, and also waived his right to appeal orally and in writing. At sentencing, defendant moved pro se to withdraw his guilty plea. County Court summarily denied the motion and sentenced him, as a second felony offender...

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