People v. Smith

Appellate Division of the Supreme Court of New York

People v. Smith

246 A.D.2d 562, 666 N.Y.S.2d 937, 1998 N.Y. App. Div. LEXIS 130

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

DecidedJanuary 12, 1998

StatusPublished

Cited by1 cases

This text of 246 A.D.2d 562 (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, 246 A.D.2d 562, 666 N.Y.S.2d 937, 1998 N.Y. App. Div. LEXIS 130 (N.Y. Ct. App. 1998).

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Opinion

Appeal by the defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered June 7, 1996, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, by vacating the sentence imposed; as so modified, the judgment is affirmed and the case is remitted to the County Court, Rockland County, for further proceedings consistent herewith.

Since the court was unable to fulfill its sentence promise, the matter should be remitted for resentencing so as to afford the defendant the opportunity to withdraw his plea of guilty (see, e.g., People v Selikoff, 35 NY2d 227, 241; People v John C., 184 AD2d 519). Rosenblatt, J. P., O’Brien, Thompson, Friedmann and Goldstein, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered June 7, 1996, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, by vacating the sentence imposed; as so modified, the judgment is affirmed and the case is remitted to the County Court, Rockland County, for further proceedings consistent herewith.

Since the court was unable to fulfill its sentence promise, the matter should be remitted for resentencing so as to afford the defendant the opportunity to withdraw his plea of guilty (see, e.g., People v Selikoff, 35 NY2d 227, 241; People v John C., 184 AD2d 519). Rosenblatt, J. P., O’Brien, Thompson, Friedmann and Goldstein, JJ., concur.

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Bluebook (online)

246 A.D.2d 562, 666 N.Y.S.2d 937, 1998 N.Y. App. Div. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-smith-nyappdiv-1998.

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