People v. Zelke

Appellate Division of the Supreme Court of New York

People v. Zelke

203 A.D.2d 909, 612 N.Y.S.2d 1011, 1994 N.Y. App. Div. LEXIS 4895

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

DecidedApril 15, 1994

StatusPublished

Cited by2 cases

This text of 203 A.D.2d 909 (People v. Zelke) 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. Zelke, 203 A.D.2d 909, 612 N.Y.S.2d 1011, 1994 N.Y. App. Div. LEXIS 4895 (N.Y. Ct. App. 1994).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant entered an Alford plea (see, North Carolina v Alford, 400 US 25) to a lesser offense than those crimes charged in the indictment. There is no merit to defendant’s contention that the factual basis for that plea was insufficient (see, People v Alfieri, 201 AD2d 935; People v Myers, 151 AD2d 1002, lv denied 74 NY2d 815). Likewise without merit is the contention that defendant’s sentence is harsh or excessive. It was agreed that the sentence for the class C felony to which defendant pleaded would include a term of imprisonment not to exceed 2Vz to 7 years and that such term would run concurrently with whatever sentence was imposed on a pending misdemeanor conviction. Defendant was sentenced to an indeterminate term of 2Vs to 7 years in accordance with the plea bargain. Having obtained the benefit of that bargain, defendant should be bound by its terms (see, People v Felman, 141 AD2d 889, 890, lv denied 72 NY2d 918). (Appeal from Judgment of Orleans County Court, Punch, J. — Attempted Criminal Possession Controlled Substance, 3rd Degree.) Present — Denman, P. J., Balio, Lawton, Doerr and Davis, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant entered an Alford plea (see, North Carolina v Alford, 400 US 25) to a lesser offense than those crimes charged in the indictment. There is no merit to defendant’s contention that the factual basis for that plea was insufficient (see, People v Alfieri, 201 AD2d 935; People v Myers, 151 AD2d 1002, lv denied 74 NY2d 815). Likewise without merit is the contention that defendant’s sentence is harsh or excessive. It was agreed that the sentence for the class C felony to which defendant pleaded would include a term of imprisonment not to exceed 2Vz to 7 years and that such term would run concurrently with whatever sentence was imposed on a pending misdemeanor conviction. Defendant was sentenced to an indeterminate term of 2Vs to 7 years in accordance with the plea bargain. Having obtained the benefit of that bargain, defendant should be bound by its terms (see, People v Felman, 141 AD2d 889, 890, lv denied 72 NY2d 918). (Appeal from Judgment of Orleans County Court, Punch, J. — Attempted Criminal Possession Controlled Substance, 3rd Degree.) Present — Denman, P. J., Balio, Lawton, Doerr and Davis, JJ.

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Bluebook (online)

203 A.D.2d 909, 612 N.Y.S.2d 1011, 1994 N.Y. App. Div. LEXIS 4895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-zelke-nyappdiv-1994.

Opinion

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