People v. D'ARGIS

This appeal as of right seeks to set aside a plea-based conviction. Defendant challenges the sufficiency of the factual basis of the plea and the trial court’s failure to apprise him of his constitutional right to confront his accusers.

Defendant was concurrently charged with breaking and entering an occupied dwelling with intent to commit a felony, 1 and with possession of a narcotic drug (i.e., marihuana). 2 On August 17, 1971, he pled guilty to the lesser included offenses of attempted breaking and entering and attempted possession of a narcotic drug. 3 He was sentenced to 4-1/2 to 5 years…