People v. Pete

Appellate Division of the Supreme Court of New York

People v. Pete

103 A.D.2d 811, 477 N.Y.S.2d 988, 1984 N.Y. App. Div. LEXIS 19439

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

DecidedJuly 16, 1984

StatusPublished

This text of 103 A.D.2d 811 (People v. Pete) 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. Pete, 103 A.D.2d 811, 477 N.Y.S.2d 988, 1984 N.Y. App. Div. LEXIS 19439 (N.Y. Ct. App. 1984).

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Opinion

— Appeal by defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), rendered April 6,1983, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence. H Judgment modified, as a matter of discretion in the interest of justice, by reducing the conviction to one of attempted robbery in the second degree. As so modified, judgment affirmed. H As part of a plea bargain, defendant pleaded guilty to attempted robbery in the second degree. At the sentencing the court erroneously sentenced defendant for the crime of robbery in the second degree, although the negotiated sentence was imposed. Accordingly, we have modified the conviction to reflect the actual intention of the parties. 11 We have considered the other contention raised on appeal and find it to be without merit. Titone, J. P., Thompson, Bracken and O’Connor, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), rendered April 6,1983, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence. H Judgment modified, as a matter of discretion in the interest of justice, by reducing the conviction to one of attempted robbery in the second degree. As so modified, judgment affirmed. H As part of a plea bargain, defendant pleaded guilty to attempted robbery in the second degree. At the sentencing the court erroneously sentenced defendant for the crime of robbery in the second degree, although the negotiated sentence was imposed. Accordingly, we have modified the conviction to reflect the actual intention of the parties. 11 We have considered the other contention raised on appeal and find it to be without merit. Titone, J. P., Thompson, Bracken and O’Connor, JJ., concur.

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Bluebook (online)

103 A.D.2d 811, 477 N.Y.S.2d 988, 1984 N.Y. App. Div. LEXIS 19439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pete-nyappdiv-1984.