People v. Julio S.

Appellate Division of the Supreme Court of New York

People v. Julio S.

181 A.D.2d 424, 580 N.Y.S.2d 749, 1992 N.Y. App. Div. LEXIS 3087

Appellate Division of the Supreme Court of the State of New York·Decided March 5, 1992·Published

Opinion

— Judgment, Supreme Court, New York County (Allen G. Alpert, J., at plea and sentence), rendered November 22, 1989, convicting defendant of criminal possession of a controlled substance in the second degree and sentencing him, as a predicate felony offender, to a term of imprisonment of from 6 years to life, unanimously affirmed.

The IAS court properly found, after a hearing, that defendant had knowingly and wilfully breached the plea agreement herein. Thus, defendant did not have a reasonable expectation of receiving the sentence promised in connection with the plea agreement (see, e.g., People v Rosenberg, 148 AD2d 346). In the absence of any application by defendant to withdraw his plea, the sentencing court was free, pursuant to the plea agreement, to impose a greater sentence (see, e.g., People v Ellis, 162 AD2d 701, lv denied 76 NY2d 892). Concur — Murphy, P. J., Sullivan, Ellerin, Ross and Kassal, JJ.

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

— Judgment, Supreme Court, New York County (Allen G. Alpert, J., at plea and sentence), rendered November 22, 1989, convicting defendant of criminal possession of a controlled substance in the second degree and sentencing him, as a predicate felony offender, to a term of imprisonment of from 6 years to life, unanimously affirmed.

The IAS court properly found, after a hearing, that defendant had knowingly and wilfully breached the plea agreement herein. Thus, defendant did not have a reasonable expectation of receiving the sentence promised in connection with the plea agreement (see, e.g., People v Rosenberg, 148 AD2d 346). In the absence of any application by defendant to withdraw his plea, the sentencing court was free, pursuant to the plea agreement, to impose a greater sentence (see, e.g., People v Ellis, 162 AD2d 701, lv denied 76 NY2d 892). Concur — Murphy, P. J., Sullivan, Ellerin, Ross and Kassal, JJ.

People v. Julio S., 181 A.D.2d 424, 580 N.Y.S.2d 749, 1992 N.Y. App. Div. LEXIS 3087 (N.Y. Ct. App. 1992).

Pincite

181 A.D.2d 424 (People v. Julio S.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related