People v. Barrett

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered January 27, 2009, convicting defendant upon his plea of guilty of the crime of assault in the third degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to the crime of assault in the third degree and waived his right to appeal. Pursuant to the plea agreement, defendant was to receive the agreed-upon sentence of six months in jail. After defendant was found to be in violation of the plea agreement, County Court imposed an enhanced sentence of 11 months in jail. Defendant now appeals.

We…