People v. Russo

Appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered September 29, 1976, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. This appeal brings up for review the denial, after a hearing, of the defendant’s motion to withdraw his guilty plea. Judgment affirmed. The motion to withdraw the plea was made on the grounds of (1) defendant’s intoxication at the time he entered the plea and (2) misinformation by counsel as to the minimum period of incarceration should defendant be found guilty as…