People v. Smith

Appellate Division of the Supreme Court of New York

People v. Smith

76 A.D.2d 962, 432 N.Y.S.2d 161, 1980 N.Y. App. Div. LEXIS 12080

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

DecidedJune 12, 1980

StatusPublished

This text of 76 A.D.2d 962 (People v. Smith) 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. Smith, 76 A.D.2d 962, 432 N.Y.S.2d 161, 1980 N.Y. App. Div. LEXIS 12080 (N.Y. Ct. App. 1980).

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Opinion

Appeal from a judgment of the County Court of Washington County, rendered June 1, 1977, convicting defendant upon his plea of guilty of two counts of the crime of promoting prison contraband in the second degree. Defendant was sentenced to confinement for one year in the Washington County Correctional Facility on each count, the sentences to run concurrently as to each other, but consecutively with the present sentence the defendant is serving at the Clinton Correctional Facility. On this appeal, the defendant urges principally that the sentences imposed violated a plea bargain and were excessive and unduly harsh. The judgment of conviction should be affirmed, without prejudice, however, to a motion by [963]*963the defendant pursuant to CPL article 440 to determine whether there was an unkept oral promise with respect to the sentences imposed. (See People v Edwards, 53 AD2d 647; People v Wetmore, 51 AD2d 591.) Judgment affirmed. Mahoney, P. J., Sweeney, Kane, Main and Casey, JJ.^ concur.

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Appeal from a judgment of the County Court of Washington County, rendered June 1, 1977, convicting defendant upon his plea of guilty of two counts of the crime of promoting prison contraband in the second degree. Defendant was sentenced to confinement for one year in the Washington County Correctional Facility on each count, the sentences to run concurrently as to each other, but consecutively with the present sentence the defendant is serving at the Clinton Correctional Facility. On this appeal, the defendant urges principally that the sentences imposed violated a plea bargain and were excessive and unduly harsh. The judgment of conviction should be affirmed, without prejudice, however, to a motion by [963]*963the defendant pursuant to CPL article 440 to determine whether there was an unkept oral promise with respect to the sentences imposed. (See People v Edwards, 53 AD2d 647; People v Wetmore, 51 AD2d 591.) Judgment affirmed. Mahoney, P. J., Sweeney, Kane, Main and Casey, JJ.^ concur.

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Bluebook (online)

76 A.D.2d 962, 432 N.Y.S.2d 161, 1980 N.Y. App. Div. LEXIS 12080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-smith-nyappdiv-1980.

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