People v. Bouton

Appellant was convicted on his plea of guilty to driving while intoxicated as a felony and thereafter sentenced to an indeterminate term with a maximum of four years. His claim that his plea was made upon an understanding that he would be sentenced as though for a misdemeanor is conclusively refuted by the plea minutes. He was represented by the same counsel at sentencing and no objection to the sentence on the grounds now alleged was made at that time nor was an appropriate motion to set the sentence aside. subsequently made under CPL 440.20. Appellant’s counsel admits in his affidavit…