People v. Ferrell

Appellate Division of the Supreme Court of New York

People v. Ferrell

215 A.D.2d 846, 626 N.Y.S.2d 979, 1995 N.Y. App. Div. LEXIS 5040

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

DecidedMay 11, 1995

StatusPublished

This text of 215 A.D.2d 846 (People v. Ferrell) 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. Ferrell, 215 A.D.2d 846, 626 N.Y.S.2d 979, 1995 N.Y. App. Div. LEXIS 5040 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from a judgment of the County Court of Tompkins County (Friedlander, J.), rendered July 21, 1993, convicting defendant upon his plea of guilty of the crimes of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree.

We find no merit to defendant’s contention that the prosecutor failed to comply with the terms of the plea agreement in the recommendation he made at the sentencing hearing. In accordance with the agreement, the prosecutor recommended time served and probation. The record reveals that County Court’s refusal to adopt this recommendation was based upon defendant’s lengthy criminal record and poor probation report. Accordingly, we find no reason to disturb the judgment of conviction.

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

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Appeal from a judgment of the County Court of Tompkins County (Friedlander, J.), rendered July 21, 1993, convicting defendant upon his plea of guilty of the crimes of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree.

We find no merit to defendant’s contention that the prosecutor failed to comply with the terms of the plea agreement in the recommendation he made at the sentencing hearing. In accordance with the agreement, the prosecutor recommended time served and probation. The record reveals that County Court’s refusal to adopt this recommendation was based upon defendant’s lengthy criminal record and poor probation report. Accordingly, we find no reason to disturb the judgment of conviction.

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

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Bluebook (online)

215 A.D.2d 846, 626 N.Y.S.2d 979, 1995 N.Y. App. Div. LEXIS 5040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ferrell-nyappdiv-1995.