CASTERLINE, III, RICHARD D., PEOPLE v

Appellate Division of the Supreme Court of New York

CASTERLINE, III, RICHARD D., PEOPLE v

138 A.D.3d 1498, 29 N.Y.S.3d 219

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 29, 2016

DocketKA 15-00074

StatusPublished

This text of 138 A.D.3d 1498 (CASTERLINE, III, RICHARD D., PEOPLE v) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

CASTERLINE, III, RICHARD D., PEOPLE v, 138 A.D.3d 1498, 29 N.Y.S.3d 219 (N.Y. Ct. App. 2016).

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Opinion

Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered November 5, 2014. The judgment convicted defendant, upon his plea of guilty, of unlawful manufacture of methamphetamine in the first degree and criminal possession of a controlled substance in the third degree.

*1499 It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of unlawful manufacture of methamphetamine in the first degree (Penal Law § 220.75) and criminal possession of a controlled substance in the third degree (§ 220.16 [7]). We reject defendant’s contention that he is entitled to specific performance of the original plea agreement inasmuch as he rejected that plea agreement (see People v Anderson, 270 AD2d 509, 510-511 [2000], lv denied 95 NY2d 792 [2000]; People v Johnson, 181 AD2d 832, 832 [1992], lv denied 80 NY2d 833 [1992]; see generally People v McConnell, 49 NY2d 340, 348-349 [1980]; People v Smith, 93 AD3d 1239, 1239 [2012]).

Present — Centra, J.P., Peradotto, Carni, Curran and Troutman, JJ.

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Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered November 5, 2014. The judgment convicted defendant, upon his plea of guilty, of unlawful manufacture of methamphetamine in the first degree and criminal possession of a controlled substance in the third degree.

*1499 It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of unlawful manufacture of methamphetamine in the first degree (Penal Law § 220.75) and criminal possession of a controlled substance in the third degree (§ 220.16 [7]). We reject defendant’s contention that he is entitled to specific performance of the original plea agreement inasmuch as he rejected that plea agreement (see People v Anderson, 270 AD2d 509, 510-511 [2000], lv denied 95 NY2d 792 [2000]; People v Johnson, 181 AD2d 832, 832 [1992], lv denied 80 NY2d 833 [1992]; see generally People v McConnell, 49 NY2d 340, 348-349 [1980]; People v Smith, 93 AD3d 1239, 1239 [2012]).

Present — Centra, J.P., Peradotto, Carni, Curran and Troutman, JJ.

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138 A.D.3d 1498, 29 N.Y.S.3d 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casterline-iii-richard-d-people-v-nyappdiv-2016.

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