People v. Vera

Appellate Division of the Supreme Court of New York

People v. Vera

194 A.D.2d 404, 599 N.Y.S.2d 954, 1993 N.Y. App. Div. LEXIS 6165

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

DecidedJune 15, 1993

StatusPublished

Cited by2 cases

This text of 194 A.D.2d 404 (People v. Vera) 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. Vera, 194 A.D.2d 404, 599 N.Y.S.2d 954, 1993 N.Y. App. Div. LEXIS 6165 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, Bronx County (Arlene R. Silverman, J.), rendered June 25, 1991, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 3 Vi years to life, unanimously affirmed.

Defendant validly waived his right to claim the legal, negotiated sentence is excessive (People v Seaberg, 74 NY2d 1, 9-10). Were we to review the claim, we would note that the factors presented by defendant in seeking a reduction of his sentence were known to, and considered by, the sentencing court. Defendant was sentenced in accordance with his plea bargain and within statutory guidelines. Having received the benefit of his bargain, defendant should be bound thereby (People v Cipullo, 171 AD2d 432, lv denied 77 NY2d 993). Concur—Murphy, P. J., Sullivan, Milonas, Asch and Nardelli, JJ.

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—Judgment, Supreme Court, Bronx County (Arlene R. Silverman, J.), rendered June 25, 1991, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 3 Vi years to life, unanimously affirmed.

Defendant validly waived his right to claim the legal, negotiated sentence is excessive (People v Seaberg, 74 NY2d 1, 9-10). Were we to review the claim, we would note that the factors presented by defendant in seeking a reduction of his sentence were known to, and considered by, the sentencing court. Defendant was sentenced in accordance with his plea bargain and within statutory guidelines. Having received the benefit of his bargain, defendant should be bound thereby (People v Cipullo, 171 AD2d 432, lv denied 77 NY2d 993). Concur—Murphy, P. J., Sullivan, Milonas, Asch and Nardelli, JJ.

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Bluebook (online)

194 A.D.2d 404, 599 N.Y.S.2d 954, 1993 N.Y. App. Div. LEXIS 6165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vera-nyappdiv-1993.

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