People v. Mashaw

OPINION OF THE COURT

Michael W. Duskas, J.

Defendant was convicted on December 8, 1978, of burglary in the third degree (Penal Law, § 140.20) upon his plea of guilty to the first count of Indictment 78-128, and is to be sentenced January 3, 1979. The District Attorney upon the *555entry of the plea filed a statement (CPL 400.21, subd 2) wherein it is alleged that the defendant had been convicted in the St. Lawrence County Court on July 31, 1975, of driving while intoxicated, as a felony (Vehicle and Traffic Law, § 1192, subds 3, 5) and sentenced on September 8, 1975, to an indeterminate term of…