People v. Lowman

Appellate Division of the Supreme Court of New York

People v. Lowman

237 A.D.2d 621, 655 N.Y.S.2d 643, 1997 N.Y. App. Div. LEXIS 2996

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

DecidedMarch 31, 1997

StatusPublished

Cited by2 cases

This text of 237 A.D.2d 621 (People v. Lowman) 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. Lowman, 237 A.D.2d 621, 655 N.Y.S.2d 643, 1997 N.Y. App. Div. LEXIS 2996 (N.Y. Ct. App. 1997).

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Opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (Eidens, J.), rendered June 23, 1995, convicting him of attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law, the [622]*622defendant’s plea of guilty is vacated, and the matter is remitted to the County Court, Westchester County, for further proceedings.

Prior to the entry of his plea of guilty, the defendant was advised that the court would consider running the promised sentence of three to six years imprisonment concurrently with á term of imprisonment imposed on him for violation of parole and, "if the court feels that it cannot comply,” the defendant would be afforded an opportunity to withdraw his plea. At sentencing, the court informed the defendant that it did not have the authority to direct that the sentences run concurrently and denied his application to withdraw his plea. Under the circumstances, the defendant was entitled to withdraw his plea (see, People v Torres, 45 NY2d 751; People v Fuller, 132 AD2d 617). Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Westchester County (Eidens, J.), rendered June 23, 1995, convicting him of attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law, the [622]*622defendant’s plea of guilty is vacated, and the matter is remitted to the County Court, Westchester County, for further proceedings.

Prior to the entry of his plea of guilty, the defendant was advised that the court would consider running the promised sentence of three to six years imprisonment concurrently with á term of imprisonment imposed on him for violation of parole and, "if the court feels that it cannot comply,” the defendant would be afforded an opportunity to withdraw his plea. At sentencing, the court informed the defendant that it did not have the authority to direct that the sentences run concurrently and denied his application to withdraw his plea. Under the circumstances, the defendant was entitled to withdraw his plea (see, People v Torres, 45 NY2d 751; People v Fuller, 132 AD2d 617). Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.

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Bluebook (online)

237 A.D.2d 621, 655 N.Y.S.2d 643, 1997 N.Y. App. Div. LEXIS 2996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lowman-nyappdiv-1997.

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