People v. Benitez

Appellate Division of the Supreme Court of New York

People v. Benitez

127 A.D.3d 620, 8 N.Y.S.3d 140, 2015 NY Slip Op 03454

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

DecidedApril 28, 2015

Docket14937 3209/11

StatusPublished

This text of 127 A.D.3d 620 (People v. Benitez) 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. Benitez, 127 A.D.3d 620, 8 N.Y.S.3d 140, 2015 NY Slip Op 03454 (N.Y. Ct. App. 2015).

Pincite

Opinion

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered April 4, 2012, convicting defendant, upon his plea of guilty, of conspiracy in the second degree, and sentencing him to a term of IV2 to 4V2 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d 248, 256-257 [2006]). Regardless of whether defendant made a valid waiver of his right to appeal, and regardless of whether the waiver applied to postplea sentencing enhancement issues, defendant’s challenge to the court’s conclusion that he violated his plea agreement is unavailing. Initially, we note that defendant, who has served his entire sentence including parole, seeks no remedy other than reduction of his conviction to attempted second-degree *621 conspiracy as specific performance of his plea agreement. We find no basis for such a reduction, because, after a thorough inquiry, the court properly concluded that defendant violated the agreement by failing to cooperate with the Probation Department (see People v Valencia, 3 NY3d 714, 715 [2004]). The court’s finding was based primarily on its conclusion that defendant’s version of events was incredible, and we find no basis to disturb that determination. We have considered and rejected defendant’s remaining arguments.

Concur — Gonzalez, P.J., Mazzarelli, Renwick and Gische, JJ.

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

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered April 4, 2012, convicting defendant, upon his plea of guilty, of conspiracy in the second degree, and sentencing him to a term of IV2 to 4V2 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d 248, 256-257 [2006]). Regardless of whether defendant made a valid waiver of his right to appeal, and regardless of whether the waiver applied to postplea sentencing enhancement issues, defendant’s challenge to the court’s conclusion that he violated his plea agreement is unavailing. Initially, we note that defendant, who has served his entire sentence including parole, seeks no remedy other than reduction of his conviction to attempted second-degree *621 conspiracy as specific performance of his plea agreement. We find no basis for such a reduction, because, after a thorough inquiry, the court properly concluded that defendant violated the agreement by failing to cooperate with the Probation Department (see People v Valencia, 3 NY3d 714, 715 [2004]). The court’s finding was based primarily on its conclusion that defendant’s version of events was incredible, and we find no basis to disturb that determination. We have considered and rejected defendant’s remaining arguments.

Concur — Gonzalez, P.J., Mazzarelli, Renwick and Gische, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

127 A.D.3d 620, 8 N.Y.S.3d 140, 2015 NY Slip Op 03454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benitez-nyappdiv-2015.

Opinion

Related

Cite This Page — Counsel Stack