People v. Nesbitt

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered January 29, 2003, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.

Pursuant to a plea agreement, defendant waived indictment, *838waived his right to appeal and pleaded guilty to a superior court information charging him with burglary in the third degree. County Court indicated that defendant would be sentenced to six months incarceration and five years probation, conditioned upon defendant not engaging in any criminal conduct between the date of the plea proceeding and the…