People v. Legette

Appellate Division of the Supreme Court of New York

People v. Legette

306 A.D.2d 540, 761 N.Y.S.2d 853, 2003 N.Y. App. Div. LEXIS 7651

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

DecidedJune 30, 2003

StatusPublished

This text of 306 A.D.2d 540 (People v. Legette) 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. Legette, 306 A.D.2d 540, 761 N.Y.S.2d 853, 2003 N.Y. App. Div. LEXIS 7651 (N.Y. Ct. App. 2003).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered June 1, 2001, convicting him of criminal contempt in the first degree and menacing in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the People’s contention, the defendant’s claim that he satisfied his obligations under his plea agreement and therefore was entitled to dismissal of the felony charge of criminal contempt in the first degree is preserved for appellate review. However, the defendant’s contention is without merit. The defendant did not successfully complete an alcohol treatment program as required by the plea agreement (see People v Rooney, 299 AD2d 565 [2002]; People v Owens, 294 AD2d 603 [2002]). Consequently, the Supreme Court properly declined to dismiss the felony charge. Prudenti, P.J., Altman, Smith and Adams, JJ., concur.

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

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered June 1, 2001, convicting him of criminal contempt in the first degree and menacing in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the People’s contention, the defendant’s claim that he satisfied his obligations under his plea agreement and therefore was entitled to dismissal of the felony charge of criminal contempt in the first degree is preserved for appellate review. However, the defendant’s contention is without merit. The defendant did not successfully complete an alcohol treatment program as required by the plea agreement (see People v Rooney, 299 AD2d 565 [2002]; People v Owens, 294 AD2d 603 [2002]). Consequently, the Supreme Court properly declined to dismiss the felony charge. Prudenti, P.J., Altman, Smith and Adams, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

306 A.D.2d 540, 761 N.Y.S.2d 853, 2003 N.Y. App. Div. LEXIS 7651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-legette-nyappdiv-2003.

Opinion

Related

Cite This Page — Counsel Stack