People v. Tharrett

Appellate Division of the Supreme Court of New York

People v. Tharrett

83 A.D.2d 980, 443 N.Y.S.2d 713, 1981 N.Y. App. Div. LEXIS 15447

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

DecidedSeptember 24, 1981

StatusPublished

This text of 83 A.D.2d 980 (People v. Tharrett) 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. Tharrett, 83 A.D.2d 980, 443 N.Y.S.2d 713, 1981 N.Y. App. Div. LEXIS 15447 (N.Y. Ct. App. 1981).

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Opinion

Appeal from a judgment of the County Court of St. Lawrence County (Duskas, J.), rendered October 10, 1980, convicting defendant upon her plea of guilty of the crime of attempted criminal possession of a forged instrument in the second degree. As a consequence of plea negotiations, defendant pleaded guilty to attempted criminal possession of a forged instrument in the second degree upon condition that the prosecutor would abstain from asking for an indeterminate sentence. At the sentencing, however, because of an inadvertent misunderstanding in the prosecutor’s office, the [981]*981prosecutor recommended imposition of an indeterminate sentence and a term of from one to three years was imposed. Since the District Attorney freely acknowledges that the terms of the parties’ agreement were not, therefore, complied with, defendant is entitled to be resentenced by a different Judge (People v Bushey, 75 AD2d 910). Judgment modified, on the law, by vacating the sentence; matter remitted to the County Court of St. Lawrence County for resentencing before a different Judge, and, as so modified, affirmed. Mahoney, P. J., Sweeney, Kane, Yesawich, Jr., and Weiss, JJ., concur.

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Appeal from a judgment of the County Court of St. Lawrence County (Duskas, J.), rendered October 10, 1980, convicting defendant upon her plea of guilty of the crime of attempted criminal possession of a forged instrument in the second degree. As a consequence of plea negotiations, defendant pleaded guilty to attempted criminal possession of a forged instrument in the second degree upon condition that the prosecutor would abstain from asking for an indeterminate sentence. At the sentencing, however, because of an inadvertent misunderstanding in the prosecutor’s office, the [981]*981prosecutor recommended imposition of an indeterminate sentence and a term of from one to three years was imposed. Since the District Attorney freely acknowledges that the terms of the parties’ agreement were not, therefore, complied with, defendant is entitled to be resentenced by a different Judge (People v Bushey, 75 AD2d 910). Judgment modified, on the law, by vacating the sentence; matter remitted to the County Court of St. Lawrence County for resentencing before a different Judge, and, as so modified, affirmed. Mahoney, P. J., Sweeney, Kane, Yesawich, Jr., and Weiss, JJ., concur.

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Bluebook (online)

83 A.D.2d 980, 443 N.Y.S.2d 713, 1981 N.Y. App. Div. LEXIS 15447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tharrett-nyappdiv-1981.

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