People v. Horace

Appellate Division of the Supreme Court of New York

People v. Horace

231 A.D.2d 948, 648 N.Y.S.2d 374, 1996 N.Y. App. Div. LEXIS 10914

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

DecidedSeptember 27, 1996

StatusPublished

Cited by2 cases

This text of 231 A.D.2d 948 (People v. Horace) 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. Horace, 231 A.D.2d 948, 648 N.Y.S.2d 374, 1996 N.Y. App. Div. LEXIS 10914 (N.Y. Ct. App. 1996).

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Opinion

Judgment unanimously affirmed. Memorandum: Supreme Court properly resentenced defendant in order to correct its error in imposing a sentence that did not conform to the plea agreement (see, People v Minaya, 54 NY2d 360, cert denied 455 US 1024; see also, People v Wright, 56 NY2d 613; People v Monereau, 181 AD2d 918, lv denied 79 NY2d 1052). The correction "not only [was] evident from the record but also fully comported with the expectation of the court, the prosecutor and the defendant at the time sentence was imposed” (Matter of Campbell v Pesce, 60 NY2d 165, 169; see, People v Monereau, supra, at 919). (Appeal from Judgment of Supreme Court, Monroe County, Mark, J.—Unauthorized Practice.) Present—Green, J. P., Lawton, Wesley, Callahan and Boehm, JJ.

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Judgment unanimously affirmed. Memorandum: Supreme Court properly resentenced defendant in order to correct its error in imposing a sentence that did not conform to the plea agreement (see, People v Minaya, 54 NY2d 360, cert denied 455 US 1024; see also, People v Wright, 56 NY2d 613; People v Monereau, 181 AD2d 918, lv denied 79 NY2d 1052). The correction "not only [was] evident from the record but also fully comported with the expectation of the court, the prosecutor and the defendant at the time sentence was imposed” (Matter of Campbell v Pesce, 60 NY2d 165, 169; see, People v Monereau, supra, at 919). (Appeal from Judgment of Supreme Court, Monroe County, Mark, J.—Unauthorized Practice.) Present—Green, J. P., Lawton, Wesley, Callahan and Boehm, JJ.

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Bluebook (online)

231 A.D.2d 948, 648 N.Y.S.2d 374, 1996 N.Y. App. Div. LEXIS 10914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-horace-nyappdiv-1996.

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