People v. Phipps

Appellate Division of the Supreme Court of New York

People v. Phipps

208 A.D.2d 431, 618 N.Y.S.2d 1009, 1994 N.Y. App. Div. LEXIS 9729

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

DecidedOctober 18, 1994

StatusPublished

This text of 208 A.D.2d 431 (People v. Phipps) 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. Phipps, 208 A.D.2d 431, 618 N.Y.S.2d 1009, 1994 N.Y. App. Div. LEXIS 9729 (N.Y. Ct. App. 1994).

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Opinion

Judgment, Supreme Court, New York County (Thomas Galligan, J.), rendered September 9, 1992, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the first degree, and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously modified, on the law and as a matter of discretion in the interest of justice, to the extent of reducing defendant’s conviction to criminal possession of a controlled substance in the second degree, and otherwise affirmed.

The defendant correctly contends, and the People concede, that his conviction should be modified to reflect the parties’ intent in the plea agreement that the defendant plead to an A-II felony (People v Rayne, 191 AD2d 273, lv denied 81 NY2d 1018). Concur—Sullivan, J. P., Carro, Rosenberger, Williams and Tom, JJ.

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Judgment, Supreme Court, New York County (Thomas Galligan, J.), rendered September 9, 1992, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the first degree, and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously modified, on the law and as a matter of discretion in the interest of justice, to the extent of reducing defendant’s conviction to criminal possession of a controlled substance in the second degree, and otherwise affirmed.

The defendant correctly contends, and the People concede, that his conviction should be modified to reflect the parties’ intent in the plea agreement that the defendant plead to an A-II felony (People v Rayne, 191 AD2d 273, lv denied 81 NY2d 1018). Concur—Sullivan, J. P., Carro, Rosenberger, Williams and Tom, JJ.

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Bluebook (online)

208 A.D.2d 431, 618 N.Y.S.2d 1009, 1994 N.Y. App. Div. LEXIS 9729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-phipps-nyappdiv-1994.

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