People State New York v. Gary W. Ketchum

[52 A.D.2d 698 Page 698] Appeal from a judgment of the County Court of Chemung County, rendered May 16, 1975, convicting defendant on his plea of guilty of the crime of offering a false instrument for filing in the first degree. Defendant contends that his plea of guilty was improperly induced by the incorrect admission of certain prejudicial and damaging evidence at trial and the District Attorney's offer to substitute a second felony information for a persistent felony information, if the defendant would plead guilty. Defendant also argues that the sentence imposed, an indeterminate term of two to four years, was excessive. The defendant was indicted on two counts offering a false instrument for filing in the first degree and grand larceny in the third degree. On the second day of defendant's trial, he pleaded guilty to the first count of the indictment and thereafter, prior to sentence, admitted the second felony offender information. On the record before us there can be no doubt that [52 A.D.2d 698 Page 699]