People v. Curiel

Appellate Division of the Supreme Court of New York

People v. Curiel

179 A.D.2d 586, 580 N.Y.S.2d 648, 1992 N.Y. App. Div. LEXIS 915

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

DecidedJanuary 30, 1992

StatusPublished

This text of 179 A.D.2d 586 (People v. Curiel) 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. Curiel, 179 A.D.2d 586, 580 N.Y.S.2d 648, 1992 N.Y. App. Div. LEXIS 915 (N.Y. Ct. App. 1992).

Pincite

Opinion

Defendant pled guilty to criminal sale of a controlled substance in the second degree in exchange for a promised sentence of 5V2 years to life, and was sentenced as promised. The court reporter, however, mistakenly transcribed the court’s promise as having been 3 Vi years to life, a mistake that was corrected on the People’s motion to settle the plea minutes showing that the stenographic tape did indeed read years to life. This and the other proof adduced by the People clearly demonstrate that the promised sentence was 5Vi years and not 3Vz years.

We have considered defendant’s other claims and find them to be without merit. Concur — Murphy, P. J., Ellerin, Wallach and Smith, JJ.

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Defendant pled guilty to criminal sale of a controlled substance in the second degree in exchange for a promised sentence of 5V2 years to life, and was sentenced as promised. The court reporter, however, mistakenly transcribed the court’s promise as having been 3 Vi years to life, a mistake that was corrected on the People’s motion to settle the plea minutes showing that the stenographic tape did indeed read years to life. This and the other proof adduced by the People clearly demonstrate that the promised sentence was 5Vi years and not 3Vz years.

We have considered defendant’s other claims and find them to be without merit. Concur — Murphy, P. J., Ellerin, Wallach and Smith, JJ.

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Bluebook (online)

179 A.D.2d 586, 580 N.Y.S.2d 648, 1992 N.Y. App. Div. LEXIS 915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-curiel-nyappdiv-1992.