People v. Atteburry

Appellate Division of the Supreme Court of New York

People v. Atteburry

173 A.D.2d 407, 571 N.Y.S.2d 891, 1991 N.Y. App. Div. LEXIS 7710

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

DecidedMay 30, 1991

StatusPublished

This text of 173 A.D.2d 407 (People v. Atteburry) 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. Atteburry, 173 A.D.2d 407, 571 N.Y.S.2d 891, 1991 N.Y. App. Div. LEXIS 7710 (N.Y. Ct. App. 1991).

Pincite

Opinion

Judgment, Supreme Court, New York County (George Roberts, J.), rendered April 24, 1989, convicting defendant upon his plea of guilty of criminal sale of a controlled substance in the fifth degree, and sentencing him to an indeterminate term of imprisonment of 2 to 4 years, unanimously affirmed.

Judgment, of the same court and Justice, rendered April 24, 1989, convicting defendant upon his plea of guilty of attempted criminal sale of a controlled substance in the third degree, and sentencing him to an indeterminate term of imprisonment of 2 to 4 years, unanimously modified on the law and the facts to reduce the conviction to criminal sale of a [408]*408controlled substance in the fifth degree, and otherwise affirmed.

As the People concede, the clear purpose and intent of the plea agreement was to have defendant enter a second guilty plea to the crime of criminal sale of a controlled substance in the fifth degree. Since defendant received the bargained for term of imprisonment, there is no need to remand for resentencing. (People v Edwards, 41 AD2d 707.) Concur—Rosenberger, J. P., Ellerin, Kupferman, Asch and Smith, JJ.

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Judgment, Supreme Court, New York County (George Roberts, J.), rendered April 24, 1989, convicting defendant upon his plea of guilty of criminal sale of a controlled substance in the fifth degree, and sentencing him to an indeterminate term of imprisonment of 2 to 4 years, unanimously affirmed.

Judgment, of the same court and Justice, rendered April 24, 1989, convicting defendant upon his plea of guilty of attempted criminal sale of a controlled substance in the third degree, and sentencing him to an indeterminate term of imprisonment of 2 to 4 years, unanimously modified on the law and the facts to reduce the conviction to criminal sale of a [408]*408controlled substance in the fifth degree, and otherwise affirmed.

As the People concede, the clear purpose and intent of the plea agreement was to have defendant enter a second guilty plea to the crime of criminal sale of a controlled substance in the fifth degree. Since defendant received the bargained for term of imprisonment, there is no need to remand for resentencing. (People v Edwards, 41 AD2d 707.) Concur—Rosenberger, J. P., Ellerin, Kupferman, Asch and Smith, JJ.

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Bluebook (online)

173 A.D.2d 407, 571 N.Y.S.2d 891, 1991 N.Y. App. Div. LEXIS 7710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-atteburry-nyappdiv-1991.

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