People v. Cuti

Appellate Division of the Supreme Court of New York

People v. Cuti

176 A.D.2d 410, 574 N.Y.S.2d 230, 1991 N.Y. App. Div. LEXIS 12040

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

DecidedSeptember 19, 1991

StatusPublished

This text of 176 A.D.2d 410 (People v. Cuti) 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. Cuti, 176 A.D.2d 410, 574 N.Y.S.2d 230, 1991 N.Y. App. Div. LEXIS 12040 (N.Y. Ct. App. 1991).

Pincite

Opinion

— Appeal from a judgment of the County Court of Greene County (Battisti Jr., J.), rendered June 26, 1990, which resentenced defendant following his conviction of the crime of criminal sale of a controlled substance in the third degree.

Defendant claims that County Court improperly denied his motion for a hearing to determine whether he had provided the "material assistance” required under Penal Law § 65.00 (1) (b) to qualify for lifetime probation. At the time of defendant’s plea, the People indicated that they would recommend a prison sentence of 4 Vi to 9 years with a "possibility” of lifetime probation if defendant cooperated with the authorities; at defendant’s sentencing the People stated that defendant had not provided such assistance to the authorities. No promises were made for such a recommendation (see, People v Lofton, 58 AD2d 610) and, in the absence of consent or a recommendation by the People to a sentence of lifetime probation as required by statute, the court lacked the authority to impose such a sentence (see, People v Smith, 154 AD2d 934, lv denied 75 NY2d 776; People v Edwards, 148 AD2d 923, lv denied 74 NY2d 794). Accordingly, the prison sentence of 4 Vi to 9 years imposed pursuant to the plea bargain should be affirmed (see, People v Loebl, 77 AD2d 949).

Weiss, J. P., Mikoll, Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the judgment is affirmed.

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

— Appeal from a judgment of the County Court of Greene County (Battisti Jr., J.), rendered June 26, 1990, which resentenced defendant following his conviction of the crime of criminal sale of a controlled substance in the third degree.

Defendant claims that County Court improperly denied his motion for a hearing to determine whether he had provided the "material assistance” required under Penal Law § 65.00 (1) (b) to qualify for lifetime probation. At the time of defendant’s plea, the People indicated that they would recommend a prison sentence of 4 Vi to 9 years with a "possibility” of lifetime probation if defendant cooperated with the authorities; at defendant’s sentencing the People stated that defendant had not provided such assistance to the authorities. No promises were made for such a recommendation (see, People v Lofton, 58 AD2d 610) and, in the absence of consent or a recommendation by the People to a sentence of lifetime probation as required by statute, the court lacked the authority to impose such a sentence (see, People v Smith, 154 AD2d 934, lv denied 75 NY2d 776; People v Edwards, 148 AD2d 923, lv denied 74 NY2d 794). Accordingly, the prison sentence of 4 Vi to 9 years imposed pursuant to the plea bargain should be affirmed (see, People v Loebl, 77 AD2d 949).

Weiss, J. P., Mikoll, Yesawich Jr., Levine and Crew III, JJ., concur. Ordered that the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

176 A.D.2d 410, 574 N.Y.S.2d 230, 1991 N.Y. App. Div. LEXIS 12040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cuti-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack