People v. Clark

Appellate Division of the Supreme Court of New York

People v. Clark

291 A.D.2d 358, 739 N.Y.S.2d 124, 2002 N.Y. App. Div. LEXIS 2158

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

DecidedFebruary 28, 2002

StatusPublished

Cited by1 cases

This text of 291 A.D.2d 358 (People v. Clark) 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. Clark, 291 A.D.2d 358, 739 N.Y.S.2d 124, 2002 N.Y. App. Div. LEXIS 2158 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered May 30, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 5V2 to 11 years, unanimously affirmed.

Defendant was properly adjudicated a second felony offender. Defendant did not establish that his prior conviction had been unconstitutionally obtained (see, People v Harris, 61 NY2d 9). Defendant’s prior guilty plea was not induced by an unfulfilled promise. In that case, a condition of defendant’s plea was that a pending misdemeanor drug possession charge would be “dismissed as covered.” That promise was ultimately fulfilled, and the three-month administrative delay in carrying out that promise did not result in a constitutional deprivation.

We perceive no basis for a reduction of sentence. Concur— Tom, J.P., Andrias, Saxe and Wallach, JJ.

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—Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered May 30, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 5V2 to 11 years, unanimously affirmed.

Defendant was properly adjudicated a second felony offender. Defendant did not establish that his prior conviction had been unconstitutionally obtained (see, People v Harris, 61 NY2d 9). Defendant’s prior guilty plea was not induced by an unfulfilled promise. In that case, a condition of defendant’s plea was that a pending misdemeanor drug possession charge would be “dismissed as covered.” That promise was ultimately fulfilled, and the three-month administrative delay in carrying out that promise did not result in a constitutional deprivation.

We perceive no basis for a reduction of sentence. Concur— Tom, J.P., Andrias, Saxe and Wallach, JJ.

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Bluebook (online)

291 A.D.2d 358, 739 N.Y.S.2d 124, 2002 N.Y. App. Div. LEXIS 2158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-clark-nyappdiv-2002.

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