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

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

DecidedMarch 5, 1992

StatusPublished

This text of 181 A.D.2d 424 (People v. Julio S.) 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. 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).

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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.

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— 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.

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Bluebook (online)

181 A.D.2d 424, 580 N.Y.S.2d 749, 1992 N.Y. App. Div. LEXIS 3087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-julio-s-nyappdiv-1992.

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