People v. Barilla

Appeal from a judgment of the County Court of Madison County (DiStefano, J.), rendered January 4, 2001, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.

On November 9, 2000, defendant pleaded guilty to the crime of attempted assault in the second degree in exchange for a determinate jail sentence of one year. As a condition of accepting his guilty plea, County Court advised defendant that if he got “into any trouble” while on release awaiting sentencing, the court would not be bound by the agreed-upon sentence. On November 28, 2000, defendant…