People v. Mercado

Appellate Division of the Supreme Court of New York

People v. Mercado

70 A.D.2d 889, 417 N.Y.S.2d 874, 1979 N.Y. App. Div. LEXIS 12470

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

DecidedJune 4, 1979

StatusPublished

This text of 70 A.D.2d 889 (People v. Mercado) 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. Mercado, 70 A.D.2d 889, 417 N.Y.S.2d 874, 1979 N.Y. App. Div. LEXIS 12470 (N.Y. Ct. App. 1979).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 13, 1978, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of from eight and one-third years to life. Judgment modified, as a matter of discretion in the interest of justice, by reducing the minimum term of imprisonment to six years. As so modified, judgment affirmed. On this record Criminal Term was able to make an informed determination on defendant’s motion to withdraw his guilty plea without the necessity of an evidentiary hearing (see People v Tinsley, 35 NY2d 926). Defendant’s potential for rehabilitation justifies the reduction of the minimum sentence. Hopkins, J. P., Suozzi, Gulotta and Cohalan, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 13, 1978, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and sentencing him to an indeterminate term of imprisonment of from eight and one-third years to life. Judgment modified, as a matter of discretion in the interest of justice, by reducing the minimum term of imprisonment to six years. As so modified, judgment affirmed. On this record Criminal Term was able to make an informed determination on defendant’s motion to withdraw his guilty plea without the necessity of an evidentiary hearing (see People v Tinsley, 35 NY2d 926). Defendant’s potential for rehabilitation justifies the reduction of the minimum sentence. Hopkins, J. P., Suozzi, Gulotta and Cohalan, JJ., concur.

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Bluebook (online)

70 A.D.2d 889, 417 N.Y.S.2d 874, 1979 N.Y. App. Div. LEXIS 12470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mercado-nyappdiv-1979.

Opinion

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