People v. Wanamaker

Appellate Division of the Supreme Court of New York

People v. Wanamaker

17 A.D.2d 873, 1962 N.Y. App. Div. LEXIS 7299

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

DecidedOctober 31, 1962

StatusPublished

This text of 17 A.D.2d 873 (People v. Wanamaker) 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. Wanamaker, 17 A.D.2d 873, 1962 N.Y. App. Div. LEXIS 7299 (N.Y. Ct. App. 1962).

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Opinion

Appeal from an order of the County Court of Otsego County, which denied appellant’s application for a “ correction ” of a sentence of 2% to 10 years upon a conviction for grand larceny in the first degree. The [874]*874indictment contained four counts — burglary, third degree; grand larceny, first degree; robbery, first degree, and carrying a dangerous weapon. Represented by counsel, defendant plead guilty to grand larceny, first degree, and the other counts in the indictment were dismissed upon motion of the District Attorney. Defendant contends that the 10-year maximum of his sentence was in violation of a promise by the County Judge. The stenographic record conclusively refutes this, even to the point of contrary statements made personally by the defendant in open court. Order unanimously affirmed. Present — Coon, J. P., Gibson, Herlihy, Reynolds and Taylor, JJ.

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Appeal from an order of the County Court of Otsego County, which denied appellant’s application for a “ correction ” of a sentence of 2% to 10 years upon a conviction for grand larceny in the first degree. The [874]*874indictment contained four counts — burglary, third degree; grand larceny, first degree; robbery, first degree, and carrying a dangerous weapon. Represented by counsel, defendant plead guilty to grand larceny, first degree, and the other counts in the indictment were dismissed upon motion of the District Attorney. Defendant contends that the 10-year maximum of his sentence was in violation of a promise by the County Judge. The stenographic record conclusively refutes this, even to the point of contrary statements made personally by the defendant in open court. Order unanimously affirmed. Present — Coon, J. P., Gibson, Herlihy, Reynolds and Taylor, JJ.

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Bluebook (online)

17 A.D.2d 873, 1962 N.Y. App. Div. LEXIS 7299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wanamaker-nyappdiv-1962.