People v. Baez

Appellate Division of the Supreme Court of New York

People v. Baez

216 A.D.2d 121, 628 N.Y.S.2d 642, 1995 N.Y. App. Div. LEXIS 6518

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

DecidedJune 20, 1995

StatusPublished

Cited by7 cases

This text of 216 A.D.2d 121 (People v. Baez) 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. Baez, 216 A.D.2d 121, 628 N.Y.S.2d 642, 1995 N.Y. App. Div. LEXIS 6518 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered May 18, 1993, convicting defendant, upon her plea of guilty, of criminal sale of a controlled substance in the second degree, and sentencing her to a term of 5 years to life, unanimously affirmed.

Defendant’s claim that the court failed to exercise its sentencing discretion because, pursuant to a cooperation agreement, the prosecutor had the sole power to determine the value of defendant’s cooperation, and thus the sentence to be imposed, is unpreserved for appellate review as a matter of law, and we decline to review it in the interest of justice. If we were to review it, we would find it to be without merit since, in fact, the court imposed a lesser sentence than that recommended by the prosecutor. The 19-month period between defendant’s initial plea of guilty and imposition of sentence was not an unreasonable delay in violation of CPL 380.30 (1), having been caused by the need to give defendant an opportunity to fulfill the cooperation agreement (see, People v Drake, 61 NY2d 359, 365-367). Contrary to defendant’s contention, the record of the sentencing proceeding shows that she herself was given ample opportunity to address the court before it imposed sentence in accordance with CPL 380.50 (1). The sentence was not excessive. Concur—Murphy, P. J., Wallach, Ross, Nardelli and Williams, JJ.

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Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered May 18, 1993, convicting defendant, upon her plea of guilty, of criminal sale of a controlled substance in the second degree, and sentencing her to a term of 5 years to life, unanimously affirmed.

Defendant’s claim that the court failed to exercise its sentencing discretion because, pursuant to a cooperation agreement, the prosecutor had the sole power to determine the value of defendant’s cooperation, and thus the sentence to be imposed, is unpreserved for appellate review as a matter of law, and we decline to review it in the interest of justice. If we were to review it, we would find it to be without merit since, in fact, the court imposed a lesser sentence than that recommended by the prosecutor. The 19-month period between defendant’s initial plea of guilty and imposition of sentence was not an unreasonable delay in violation of CPL 380.30 (1), having been caused by the need to give defendant an opportunity to fulfill the cooperation agreement (see, People v Drake, 61 NY2d 359, 365-367). Contrary to defendant’s contention, the record of the sentencing proceeding shows that she herself was given ample opportunity to address the court before it imposed sentence in accordance with CPL 380.50 (1). The sentence was not excessive. Concur—Murphy, P. J., Wallach, Ross, Nardelli and Williams, JJ.

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Bluebook (online)

216 A.D.2d 121, 628 N.Y.S.2d 642, 1995 N.Y. App. Div. LEXIS 6518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baez-nyappdiv-1995.

Opinion

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