People v. Colon

Appellate Division of the Supreme Court of New York

People v. Colon

301 A.D.2d 408, 752 N.Y.S.2d 867, 2003 N.Y. App. Div. LEXIS 154

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

DecidedJanuary 14, 2003

StatusPublished

Cited by2 cases

This text of 301 A.D.2d 408 (People v. Colon) 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. Colon, 301 A.D.2d 408, 752 N.Y.S.2d 867, 2003 N.Y. App. Div. LEXIS 154 (N.Y. Ct. App. 2003).

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Opinion

—Judgment, Supreme Court, New York County (Laura Ward, J.), rendered January 18, 2001, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the [409]*409third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the conviction, substituting a conviction of criminal possession of a controlled substance in the fifth degree and reducing the sentence to a term of 2V2 to 5 years, and otherwise affirmed.

As the People concede, defendant’s conviction and sentence should be modified as indicated for the purpose of effectuating the plea bargain agreed upon by the parties and the court (see People v Naji, 276 AD2d 443). Concur — Nardelli, J.P., Tom, Mazzarelli, Andrias and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Laura Ward, J.), rendered January 18, 2001, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the [409]*409third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the conviction, substituting a conviction of criminal possession of a controlled substance in the fifth degree and reducing the sentence to a term of 2V2 to 5 years, and otherwise affirmed.

As the People concede, defendant’s conviction and sentence should be modified as indicated for the purpose of effectuating the plea bargain agreed upon by the parties and the court (see People v Naji, 276 AD2d 443). Concur — Nardelli, J.P., Tom, Mazzarelli, Andrias and Saxe, JJ.

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Bluebook (online)

301 A.D.2d 408, 752 N.Y.S.2d 867, 2003 N.Y. App. Div. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-colon-nyappdiv-2003.

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