People v. Maloney

Appellate Division of the Supreme Court of New York

People v. Maloney

63 A.D.2d 1046, 406 N.Y.S.2d 145, 1978 N.Y. App. Div. LEXIS 12144

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

DecidedJune 1, 1978

StatusPublished

This text of 63 A.D.2d 1046 (People v. Maloney) 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. Maloney, 63 A.D.2d 1046, 406 N.Y.S.2d 145, 1978 N.Y. App. Div. LEXIS 12144 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal from a judgment of the County Court of Rensselaer County, rendered January 13, 1977, convicting defendant, upon his plea of guilty, of the crime of criminal possession of a controlled substance in the fifth degree. The defendant pleaded guilty to the crime of criminal sale of a controlled substance in the fifth degree. At sentencing, however, the court erroneously sentenced the defendant as though he had pleaded guilty to the crime of criminal possession of a controlled substance in the fifth degree. Consequently, the judgment must be modified to reflect the actual plea of guilty of the defendant. Both the crime that defendant pleaded guilty to and the crime for which he was sentenced are class C felonies. From the record there is no reason to assume that a different sentence would have been imposed for the crime of criminal sale than was imposed for the crime of criminal possession. There is no merit to defendant’s contention that he accepted a valid offer to plead guilty on the condition that he be sentenced to a one-year term of imprisonment. Judgment modified, on the law, by striking therefrom the conviction of criminal possession of a controlled substance in the fifth degree and substituting therefor a provision convicting defendant of criminal sale of a controlled substance in the fifth degree, and, as so modified, affirmed. Mahoney, P. J., Greenblott, Main, Mikoll and Herlihy, JJ., concur.

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Appeal from a judgment of the County Court of Rensselaer County, rendered January 13, 1977, convicting defendant, upon his plea of guilty, of the crime of criminal possession of a controlled substance in the fifth degree. The defendant pleaded guilty to the crime of criminal sale of a controlled substance in the fifth degree. At sentencing, however, the court erroneously sentenced the defendant as though he had pleaded guilty to the crime of criminal possession of a controlled substance in the fifth degree. Consequently, the judgment must be modified to reflect the actual plea of guilty of the defendant. Both the crime that defendant pleaded guilty to and the crime for which he was sentenced are class C felonies. From the record there is no reason to assume that a different sentence would have been imposed for the crime of criminal sale than was imposed for the crime of criminal possession. There is no merit to defendant’s contention that he accepted a valid offer to plead guilty on the condition that he be sentenced to a one-year term of imprisonment. Judgment modified, on the law, by striking therefrom the conviction of criminal possession of a controlled substance in the fifth degree and substituting therefor a provision convicting defendant of criminal sale of a controlled substance in the fifth degree, and, as so modified, affirmed. Mahoney, P. J., Greenblott, Main, Mikoll and Herlihy, JJ., concur.

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Bluebook (online)

63 A.D.2d 1046, 406 N.Y.S.2d 145, 1978 N.Y. App. Div. LEXIS 12144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-maloney-nyappdiv-1978.