People v. Burns

This is a motion to vacate a judgment dated February 4, 1959 convicting the defendant on his own plea of guilty to attempted grand larceny in the second degree, upon an indictment charging grand larceny in the first degree, and sentencing him as a third felony offender to two to three years (Penal Law, § 1941).

As set forth by the Assistant District Attorney in his affidavit in opposition, the. motion may be summarized as follows: On November 20, 1958 the defendant offered to plead guilty to attempted grand larceny in the second degree. It was upon an agreement that, if it should ultimately…