People v. Scoville

Appeal from a judgment of the County Court of Warren County (Moynihan, Jr., J.), rendered May 6, 1986, upon a verdict convicting defendant of the crimes of burglary in the first degree and assault in the second degree.

Following his indictment charging burglary in the first degree and two counts of assault in the second degree, defen*732dant negotiated a plea bargain requiring his plea to attempted burglary in the first degree. Prior to sentencing on March 18, 1986, County Court informed defendant that the presentence report prohibited its acceptance of the plea as offered and defendant was…