People v. Wesley

—Judgment unanimously reversed on the law, plea vacated and matter remitted to Ontario County Court for further proceedings on the indictment. Memorandum: Defendant was indicted on charges of forgery in the second degree (Penal Law § 170.10 [1]) and insurance fraud in the fifth degree (Penal Law § 176.10). In accordance with his plea bargain, defendant pleaded guilty to forgery in the second degree in full satisfaction of the indictment. He admitted that he signed an application for automobile insurance under the name "John E. Zopp”, which he testified was an assumed name he had used in…