People v. Anonymous

Appellate Division of the Supreme Court of New York

People v. Anonymous

249 A.D.2d 167, 671 N.Y.S.2d 254, 1998 N.Y. App. Div. LEXIS 4430

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

DecidedApril 23, 1998

StatusPublished

Cited by6 cases

This text of 249 A.D.2d 167 (People v. Anonymous) 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

People v. Anonymous, 249 A.D.2d 167, 671 N.Y.S.2d 254, 1998 N.Y. App. Div. LEXIS 4430 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered September 30, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant’s contention that the court erred in failing to conduct a hearing to determine whether his cooperation had been sufficient, under the terms of the agreement, to require specific performance of the People’s promise of leniency, was not preserved for appellate review, since defendant neither requested such a hearing nor moved to withdraw his plea of guilty (see, People v Messina, 131 AD2d 788). Were we to review this claim, we would find it to be without merit. Based on the single violation of failing to appear for a scheduled court date, the court was entitled, under the agreement, to impose an enhanced sentence (see, People v Yu, 204 AD2d 129, lv denied 84 NY2d 835). Moreover, a hearing to determine the extent of defendant’s cooperation would have served no purpose, “there being no evidence that the information he provided was of any use” (People v Ortiz, 180 AD2d 429). The defense offered no factual support for its contention that defendant’s efforts provided potentially useful investigative information (see, [168]*168People v Anonymous, 208 AD2d 426, lv denied 84 NY2d 1008; see also, People v Anonymous, 219 AD2d 525, lv denied 87 NY2d 844). The agreement and the accompanying colloquy made defendant’s obligations clear.

We perceive no abuse of sentencing discretion. Concur— Milonas, J. P., Ellerin, Tom, Mazzarelli and Saxe, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered September 30, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant’s contention that the court erred in failing to conduct a hearing to determine whether his cooperation had been sufficient, under the terms of the agreement, to require specific performance of the People’s promise of leniency, was not preserved for appellate review, since defendant neither requested such a hearing nor moved to withdraw his plea of guilty (see, People v Messina, 131 AD2d 788). Were we to review this claim, we would find it to be without merit. Based on the single violation of failing to appear for a scheduled court date, the court was entitled, under the agreement, to impose an enhanced sentence (see, People v Yu, 204 AD2d 129, lv denied 84 NY2d 835). Moreover, a hearing to determine the extent of defendant’s cooperation would have served no purpose, “there being no evidence that the information he provided was of any use” (People v Ortiz, 180 AD2d 429). The defense offered no factual support for its contention that defendant’s efforts provided potentially useful investigative information (see, [168]*168People v Anonymous, 208 AD2d 426, lv denied 84 NY2d 1008; see also, People v Anonymous, 219 AD2d 525, lv denied 87 NY2d 844). The agreement and the accompanying colloquy made defendant’s obligations clear.

We perceive no abuse of sentencing discretion. Concur— Milonas, J. P., Ellerin, Tom, Mazzarelli and Saxe, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

249 A.D.2d 167, 671 N.Y.S.2d 254, 1998 N.Y. App. Div. LEXIS 4430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-anonymous-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack