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People v. Torres

490 N.E.2d 535, 67 N.Y.2d 659, 499 N.Y.S.2d 668, 1986 N.Y. LEXIS 16299
CourtNew York Court of Appeals
DecidedFebruary 4, 1986
StatusPublished
Cited by16 cases

This text of 490 N.E.2d 535 (People v. Torres) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Torres, 490 N.E.2d 535, 67 N.Y.2d 659, 499 N.Y.S.2d 668, 1986 N.Y. LEXIS 16299 (N.Y. 1986).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by vacating the sentence, and the case remitted to Supreme *661 Court, Bronx County, with instructions to resentence appellant before a different Judge.

The People admit violation of their promise to take no position regarding sentence, but contend defendant has failed to preserve this issue for review. However, defendant can be restored to his presentence position without withdrawing his plea, and he did timely interpose an objection prior to the prosecutor’s remarks at sentencing, when the error could have been cured (see, People v Tindle, 61 NY2d 752, 754).

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Titone concur; Judge Hancock, Jr., taking no part.

Order modified and case remitted to Supreme Court, Bronx County, with instructions to resentence appellant in accordance with the memorandum herein and, as so modified, affirmed.

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Bluebook (online)
490 N.E.2d 535, 67 N.Y.2d 659, 499 N.Y.S.2d 668, 1986 N.Y. LEXIS 16299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-torres-ny-1986.