People v. Zazzara

Appellate Division of the Supreme Court of New York

People v. Zazzara

259 A.D.2d 267, 684 N.Y.S.2d 777, 1999 N.Y. App. Div. LEXIS 2306

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

DecidedMarch 2, 1999

StatusPublished

This text of 259 A.D.2d 267 (People v. Zazzara) 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. Zazzara, 259 A.D.2d 267, 684 N.Y.S.2d 777, 1999 N.Y. App. Div. LEXIS 2306 (N.Y. Ct. App. 1999).

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Opinion

Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered July 7, 1997, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years to be executed as a sentence of parole supervision, unanimously affirmed.

Since defendant failed to comply with the terms of the initial plea agreement providing for dismissal of the indictment upon successful completion of a drug program, he was not entitled to dismissal. We conclude from the totality of the record that he did not successfully complete the program.

We perceive no abuse of sentencing discretion. The court extended considerable leniency to defendant by directing that his sentence be executed as a parole supervision sentence pursuant to CPL 410.91. Concur — Nardelli, J. P., Wallach, Lerner and Rubin, JJ.

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Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered July 7, 1997, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years to be executed as a sentence of parole supervision, unanimously affirmed.

Since defendant failed to comply with the terms of the initial plea agreement providing for dismissal of the indictment upon successful completion of a drug program, he was not entitled to dismissal. We conclude from the totality of the record that he did not successfully complete the program.

We perceive no abuse of sentencing discretion. The court extended considerable leniency to defendant by directing that his sentence be executed as a parole supervision sentence pursuant to CPL 410.91. Concur — Nardelli, J. P., Wallach, Lerner and Rubin, JJ.

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Bluebook (online)

259 A.D.2d 267, 684 N.Y.S.2d 777, 1999 N.Y. App. Div. LEXIS 2306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-zazzara-nyappdiv-1999.