People v. Sullivan

Appellate Division of the Supreme Court of New York

People v. Sullivan

189 A.D.2d 568, 592 N.Y.S.2d 254, 1993 N.Y. App. Div. LEXIS 30

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

DecidedJanuary 5, 1993

StatusPublished

This text of 189 A.D.2d 568 (People v. Sullivan) 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. Sullivan, 189 A.D.2d 568, 592 N.Y.S.2d 254, 1993 N.Y. App. Div. LEXIS 30 (N.Y. Ct. App. 1993).

Pincite

Opinion

Judgment, Supreme Court, New York County (Harold J. Rothwax, J.), rendered July 17, 1991, convicting defendant, after a guilty plea, of criminal sale of a controlled substance in the fifth degree and of burglary in the third degree, and sentencing him to concurrent terms of 2 to 4 years and 2V6 to 5 years, respectively, unanimously affirmed.

The trial court needed only a limited interrogation of defendant to establish that defendant’s assertion that he was coerced into taking the plea was unsubstantiated (see, People v Frederick, 45 NY2d 520, 525). Accordingly, denial of defendant’s motion without a hearing was not. error. Nor was defendant’s sentence excessive. Having received the benefit of the plea bargain, defendant should be held to its terms (see, People v Reynoso, 160 AD2d 635, lv denied 76 NY2d 794). Concur—Sullivan, J. P., Carro, Wallach, Asch and Rubin, JJ.

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Judgment, Supreme Court, New York County (Harold J. Rothwax, J.), rendered July 17, 1991, convicting defendant, after a guilty plea, of criminal sale of a controlled substance in the fifth degree and of burglary in the third degree, and sentencing him to concurrent terms of 2 to 4 years and 2V6 to 5 years, respectively, unanimously affirmed.

The trial court needed only a limited interrogation of defendant to establish that defendant’s assertion that he was coerced into taking the plea was unsubstantiated (see, People v Frederick, 45 NY2d 520, 525). Accordingly, denial of defendant’s motion without a hearing was not. error. Nor was defendant’s sentence excessive. Having received the benefit of the plea bargain, defendant should be held to its terms (see, People v Reynoso, 160 AD2d 635, lv denied 76 NY2d 794). Concur—Sullivan, J. P., Carro, Wallach, Asch and Rubin, JJ.

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Bluebook (online)

189 A.D.2d 568, 592 N.Y.S.2d 254, 1993 N.Y. App. Div. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sullivan-nyappdiv-1993.

Opinion

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