People v. Lewis

Appellate Division of the Supreme Court of New York

People v. Lewis

246 A.D.2d 471, 667 N.Y.S.2d 247, 1998 N.Y. App. Div. LEXIS 646

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

DecidedJanuary 27, 1998

StatusPublished

This text of 246 A.D.2d 471 (People v. Lewis) 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. Lewis, 246 A.D.2d 471, 667 N.Y.S.2d 247, 1998 N.Y. App. Div. LEXIS 646 (N.Y. Ct. App. 1998).

Pincite

Opinion

Judgment, Supreme Court, New York County (Paul Bookson, J.), rendered December 4, 1995, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

[472]*472Since an objective reading of the minutes of the plea proceedings, the written plea agreement and the Drug Treatment Alternative to Prison program form indicate that defendant violated the terms of the plea bargain by twice being arrested prior to sentencing, the court properly refused to dismiss the indictment and to instead sentence defendant to the promised term of incarceration (see, People v Cataldo, 39 NY2d 578). The record, viewed as a whole, fails to support defendant’s interpretation of the plea agreement, under which any adjournment of his sentence would free him to commit new crimes and still receive the promised degree of leniency. In any event, defendant would not be entitled to specific performance, which is the only remedy sought on appeal. Concur—Sullivan, J. P., Ellerin, Tom and Andrias, JJ.

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

Judgment, Supreme Court, New York County (Paul Bookson, J.), rendered December 4, 1995, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

[472]*472Since an objective reading of the minutes of the plea proceedings, the written plea agreement and the Drug Treatment Alternative to Prison program form indicate that defendant violated the terms of the plea bargain by twice being arrested prior to sentencing, the court properly refused to dismiss the indictment and to instead sentence defendant to the promised term of incarceration (see, People v Cataldo, 39 NY2d 578). The record, viewed as a whole, fails to support defendant’s interpretation of the plea agreement, under which any adjournment of his sentence would free him to commit new crimes and still receive the promised degree of leniency. In any event, defendant would not be entitled to specific performance, which is the only remedy sought on appeal. Concur—Sullivan, J. P., Ellerin, Tom and Andrias, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

246 A.D.2d 471, 667 N.Y.S.2d 247, 1998 N.Y. App. Div. LEXIS 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lewis-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack