People v. Flowers

Appellate Division of the Supreme Court of New York

People v. Flowers

273 A.D.2d 882, 710 N.Y.S.2d 222, 2000 N.Y. App. Div. LEXIS 6750

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

DecidedJune 16, 2000

StatusPublished

This text of 273 A.D.2d 882 (People v. Flowers) 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. Flowers, 273 A.D.2d 882, 710 N.Y.S.2d 222, 2000 N.Y. App. Div. LEXIS 6750 (N.Y. Ct. App. 2000).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]). His contention that the guilty plea was involuntary and should be vacated because County Court failed to sentence him in accordance with its prior commitment is without merit. The court promised to sentence defendant to incarceration on weekends if the presentence investigation report was favorable, but if the report was not favorable, it made no commitment regarding the sentence. Because the report was not favorable, the court was not bound by the conditional sentencing promise. The sentence is not unduly harsh or severe. (Appeal from Judgment of Erie County Court, DiTullio,- J. — Felony Driving While Intoxicated.) Present — Pigott, Jr., P. J., Green, Kehoe and Lawton, JJ. [As amended by unpublished order entered Sept. 29, 2000.]

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

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of felony driving while intoxicated (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c]). His contention that the guilty plea was involuntary and should be vacated because County Court failed to sentence him in accordance with its prior commitment is without merit. The court promised to sentence defendant to incarceration on weekends if the presentence investigation report was favorable, but if the report was not favorable, it made no commitment regarding the sentence. Because the report was not favorable, the court was not bound by the conditional sentencing promise. The sentence is not unduly harsh or severe. (Appeal from Judgment of Erie County Court, DiTullio,- J. — Felony Driving While Intoxicated.) Present — Pigott, Jr., P. J., Green, Kehoe and Lawton, JJ. [As amended by unpublished order entered Sept. 29, 2000.]

Cite This Page — Counsel Stack

Bluebook (online)

273 A.D.2d 882, 710 N.Y.S.2d 222, 2000 N.Y. App. Div. LEXIS 6750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-flowers-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack