People v. Rhodes

Appeal from a judgment of the County Court of Columbia County (Czajka, J.), rendered February 5, 1997, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.

Upon defendant’s plea of guilty to the crime of burglary in the third degree, the District Attorney and defense counsel jointly recommended a one-year jail term, to which County Court did not agree to be bound. Defendant also waived his right to appeal. On the day of sentencing, the People filed a statement alleging that defendant was the subject of a prior felony conviction. The People requested, in a…