People v. O'Connor

Appellate Division of the Supreme Court of New York

People v. O'Connor

276 A.D.2d 364, 714 N.Y.S.2d 474, 2000 N.Y. App. Div. LEXIS 10650

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

DecidedOctober 19, 2000

StatusPublished

This text of 276 A.D.2d 364 (People v. O'Connor) 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. O'Connor, 276 A.D.2d 364, 714 N.Y.S.2d 474, 2000 N.Y. App. Div. LEXIS 10650 (N.Y. Ct. App. 2000).

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Opinion

Judgment, Supreme Court, New York County (Bruce Allen, J., at plea; Brenda Soloff, J., at sentence), rendered June 12, 1997, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly imposed a greater sentence than had been conditionally promised at the time of the plea, and properly denied defendant’s motion to withdraw the plea, in light of defendant’s violation of all the conditions of the plea agreement as well as his misrepresentations about his identity and status as a first felony offender (see, People v Black, 253 AD2d 714; People v Cruz, 237 AD2d 218, lv denied 89 NY2d 1090; see also, People v Murello, 39 NY2d 879). Concur — Tom, J. P., Mazzarelli, Lerner, Rubin and Friedman, JJ.

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Judgment, Supreme Court, New York County (Bruce Allen, J., at plea; Brenda Soloff, J., at sentence), rendered June 12, 1997, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly imposed a greater sentence than had been conditionally promised at the time of the plea, and properly denied defendant’s motion to withdraw the plea, in light of defendant’s violation of all the conditions of the plea agreement as well as his misrepresentations about his identity and status as a first felony offender (see, People v Black, 253 AD2d 714; People v Cruz, 237 AD2d 218, lv denied 89 NY2d 1090; see also, People v Murello, 39 NY2d 879). Concur — Tom, J. P., Mazzarelli, Lerner, Rubin and Friedman, JJ.

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Bluebook (online)

276 A.D.2d 364, 714 N.Y.S.2d 474, 2000 N.Y. App. Div. LEXIS 10650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oconnor-nyappdiv-2000.

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