People v. Dishaw

Judgment unanimously affirmed. Memorandum: Following defendant’s arrest on a misdemeanor charge of driving while intoxicated, his attorney was informed by a senior Assistant District Attorney that, based upon defendant’s prior record, the matter would be submitted to a Grand Jury for a felony indictment pursuant to subdivision 5 of *1123section 1192 of the Vehicle and Traffic Law. Subsequently, however, in the Syracuse Traffic Court, an Assistant District Attorney agreed to defendant’s plea of guilty on that charge. The undisputed testimony in the record indicates that at the time of the…