People v. Montanye

— Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), rendered November 16, 1982, which resentenced defendant following his conviction of the crime of attempted burglary in the second degree. While on parole following his 1979 conviction of the crime of burglary in the third degree, defendant was arrested and arraigned in July, 1981 on a felony complaint charging him with burglary in the third degree. Shortly thereafter, defendant’s attorney sent a letter to the District Attorney stating that defendant was “willing to waive the preliminary hearing, waive the…