People v. Yagdis

Appellate Division of the Supreme Court of New York

People v. Yagdis

201 A.D.2d 521, 607 N.Y.S.2d 407

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

DecidedFebruary 7, 1994

StatusPublished

This text of 201 A.D.2d 521 (People v. Yagdis) 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. Yagdis, 201 A.D.2d 521, 607 N.Y.S.2d 407 (N.Y. Ct. App. 1994).

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Opinion

The defendant pleaded guilty with the understanding that, should he be re-arrested prior to sentencing, he would receive a sentence in excess of that promised. The mere fact that the court did not expressly state what enhanced sentence it might impose should the defendant be re-arrested prior to sentencing, or expressly inform the defendant that in the event he were to be re-arrested, he would not be permitted to withdraw his plea, did not compromise the validity of the plea (see, People v Ogtong, 80 NY2d 702, 711; People v Outley, 80 NY2d 702, 707-708). Under the circumstances of this case, the defendant has no basis to complain that the sentence imposed was excessive (see, People v Kazepis, 101 AD2d 816). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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The defendant pleaded guilty with the understanding that, should he be re-arrested prior to sentencing, he would receive a sentence in excess of that promised. The mere fact that the court did not expressly state what enhanced sentence it might impose should the defendant be re-arrested prior to sentencing, or expressly inform the defendant that in the event he were to be re-arrested, he would not be permitted to withdraw his plea, did not compromise the validity of the plea (see, People v Ogtong, 80 NY2d 702, 711; People v Outley, 80 NY2d 702, 707-708). Under the circumstances of this case, the defendant has no basis to complain that the sentence imposed was excessive (see, People v Kazepis, 101 AD2d 816). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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Bluebook (online)

201 A.D.2d 521, 607 N.Y.S.2d 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-yagdis-nyappdiv-1994.

Opinion

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