People v. Schermerhorn

Appeal from a judgment of the County Court of Tompkins County (Sherman, J.), rendered October 28, 2004, convicting defendant upon his plea of guilty of two counts of the crime of driving while intoxicated.

Defendant was charged in an indictment with two counts of felony driving while intoxicated. During the initial plea proceedings, the parties discussed a sentence that included 90 days in jail, probation and defendant’s participation in drug treatment court, but those discussions ended when it was discovered that defendant previously underwent treatment in connection with *976prior…