People v. Greene

Appellate Division of the Supreme Court of New York

People v. Greene

36 A.D.3d 518, 826 N.Y.S.2d 892

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

DecidedJanuary 23, 2007

StatusPublished

This text of 36 A.D.3d 518 (People v. Greene) 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. Greene, 36 A.D.3d 518, 826 N.Y.S.2d 892 (N.Y. Ct. App. 2007).

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Opinion

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered July 13, 2005, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of from 5 to 10 years, unanimously affirmed.

The sentencing court properly concluded that defendant had breached his plea agreement and forfeited his opportunity for a more lenient disposition. The agreement clearly provided that commission of a new crime would constitute a violation, even if defendant had already completed a drug treatment program (see People v Cataldo, 39 NY2d 578 [1976]).

[519]*519We perceive no basis for reducing the sentence. Concur— Andrias, J.E, Sullivan, Williams, Gonzalez and Malone, JJ.

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Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered July 13, 2005, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of from 5 to 10 years, unanimously affirmed.

The sentencing court properly concluded that defendant had breached his plea agreement and forfeited his opportunity for a more lenient disposition. The agreement clearly provided that commission of a new crime would constitute a violation, even if defendant had already completed a drug treatment program (see People v Cataldo, 39 NY2d 578 [1976]).

[519]*519We perceive no basis for reducing the sentence. Concur— Andrias, J.E, Sullivan, Williams, Gonzalez and Malone, JJ.

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Bluebook (online)

36 A.D.3d 518, 826 N.Y.S.2d 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-greene-nyappdiv-2007.

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