People v. Bowen

Appellate Division of the Supreme Court of New York

People v. Bowen

122 A.D.2d 64, 504 N.Y.S.2d 480, 1986 N.Y. App. Div. LEXIS 59128

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

DecidedJuly 7, 1986

StatusPublished

Cited by4 cases

This text of 122 A.D.2d 64 (People v. Bowen) 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. Bowen, 122 A.D.2d 64, 504 N.Y.S.2d 480, 1986 N.Y. App. Div. LEXIS 59128 (N.Y. Ct. App. 1986).

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Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered April 13, 1984, convicting him of criminal possession of stolen property in the first degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

By pleading guilty, the defendant forfeited review of his claim that the prosecutor’s conduct before the Grand Jury impaired its integrity (see, People v Taylor, 65 NY2d 1, 5; People v Di Raffaele, 55 NY2d 234, 240).

Nor do any of the defendant’s other contentions entitle him to withdraw his plea. The negotiated plea bargain did not [65]*65include any promise by the prosecution to recommend a lesser sentence if the defendant cooperated in future investigations, the allocution satisfied the requirements of People v Harris (61 NY2d 9) and the sentence imposed was less than that negotiated. We find no basis for modifying the terms of the freely negotiated agreement (see, People v La Lande, 104 AD2d 1052). Lazer, J. P., Mangano, Gibbons and Bracken, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered April 13, 1984, convicting him of criminal possession of stolen property in the first degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

By pleading guilty, the defendant forfeited review of his claim that the prosecutor’s conduct before the Grand Jury impaired its integrity (see, People v Taylor, 65 NY2d 1, 5; People v Di Raffaele, 55 NY2d 234, 240).

Nor do any of the defendant’s other contentions entitle him to withdraw his plea. The negotiated plea bargain did not [65]*65include any promise by the prosecution to recommend a lesser sentence if the defendant cooperated in future investigations, the allocution satisfied the requirements of People v Harris (61 NY2d 9) and the sentence imposed was less than that negotiated. We find no basis for modifying the terms of the freely negotiated agreement (see, People v La Lande, 104 AD2d 1052). Lazer, J. P., Mangano, Gibbons and Bracken, JJ., concur.

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Bluebook (online)

122 A.D.2d 64, 504 N.Y.S.2d 480, 1986 N.Y. App. Div. LEXIS 59128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bowen-nyappdiv-1986.

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