People State New York v. Scott A. Mcmanus

Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered January 29, 1985, convicting defendant upon his plea of guilty of the crimes of attempted burglary in the second degree and escape in the second degree. In August 1984, defendant was indicted on three counts of the crime of burglary in the second degree. He subsequently escaped from the Broome County Jail, was later apprehended and charged with the crime of escape in the first degree. Defendant originally pleaded guilty to all of the charges against him. Since defendant was a second felony offender, a term of imprisonment was mandated (Penal Law § 70.06 [2]). County Court, however, adjourned sentencing in order to provide defendant with an opportunity to participate in a rehabilitation program. Defendant failed to participate in any rehabilitation programs.