People v. Worth

Appellate Division of the Supreme Court of New York

People v. Worth

162 A.D.2d 427, 556 N.Y.S.2d 924, 1990 N.Y. App. Div. LEXIS 7890

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

DecidedJune 28, 1990

StatusPublished

Cited by1 cases

This text of 162 A.D.2d 427 (People v. Worth) 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. Worth, 162 A.D.2d 427, 556 N.Y.S.2d 924, 1990 N.Y. App. Div. LEXIS 7890 (N.Y. Ct. App. 1990).

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Opinion

Judgment, Supreme Court, New York County (George Roberts, J., at plea and sentence), rendered December 5, 1989, which convicted defendant, upon his guilty plea, of grand larceny in the third degree and sentenced [428]*428him to a term of imprisonment of from 1 to 3 years, unanimously affirmed.

Defendant’s claim that the prosecutor breached the plea bargain by making a sentence recommendation was not preserved and, in any event, is without merit, since defendant did not fulfill his part of the bargain by making restitution of the $100,000 he had stolen. Nor was the sentence excessive. Larceny in the third degree being a class "D” felony with a maximum sentence of seven years, the sentence imposed was actually in the lower range of the court’s discretion (see, People v Farrar, 52 NY2d 302, 305-306; People v Junco, 43 AD2d 266, 268, affd 35 NY2d 419, cert denied 421 US 951). Concur—Kupferman, J. P., Milonas, Ellerin, Wallach and Rubin, JJ.

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Judgment, Supreme Court, New York County (George Roberts, J., at plea and sentence), rendered December 5, 1989, which convicted defendant, upon his guilty plea, of grand larceny in the third degree and sentenced [428]*428him to a term of imprisonment of from 1 to 3 years, unanimously affirmed.

Defendant’s claim that the prosecutor breached the plea bargain by making a sentence recommendation was not preserved and, in any event, is without merit, since defendant did not fulfill his part of the bargain by making restitution of the $100,000 he had stolen. Nor was the sentence excessive. Larceny in the third degree being a class "D” felony with a maximum sentence of seven years, the sentence imposed was actually in the lower range of the court’s discretion (see, People v Farrar, 52 NY2d 302, 305-306; People v Junco, 43 AD2d 266, 268, affd 35 NY2d 419, cert denied 421 US 951). Concur—Kupferman, J. P., Milonas, Ellerin, Wallach and Rubin, JJ.

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Bluebook (online)

162 A.D.2d 427, 556 N.Y.S.2d 924, 1990 N.Y. App. Div. LEXIS 7890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-worth-nyappdiv-1990.

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