People v. Clayton

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered February 6, 2006, convicting defendant upon his plea of guilty of the crime of forgery in the second degree.

Defendant pleaded guilty to forgery in the second degree with the expectation that he would be sentenced to a prison term of 2 to 4 years. Prior to sentencing, however, he was arrested and charged with assaulting a police officer. County Court, following an inquiry, determined that, inasmuch as there was a legitimate basis for defendant’s arrest, it was not bound by the terms of the negotiated plea…