People v. Martinez

*209OPINION OF THE COURT

Leonard P. Rienzi, J.

Defendant moves to withdraw his plea of guilty to attempted criminal sale of a controlled substance in the third degree, entered before me on July 1, 1992.

Defendant, using the alias David Martinez for the first time, was arrested on May 7, 1992 on the instant case and arraigned in Criminal Court on May 8, 1992. He was released on his own recognizance when an erroneous NYSID arrest sheet indicated this was defendant’s first arrest. Defendant failed to appear in court on the next adjourned date and a bench warrant was issued. When indictment No. 5667/92…