From Casetext: Smarter Legal Research

People v. Anonymous

Appellate Division of the Supreme Court of New York, First Department
Sep 21, 1995
219 A.D.2d 525 (N.Y. App. Div. 1995)

Opinion

September 21, 1995

Appeal from the Supreme Court, New York County (Renee White, J.).


Defendant's sentence to the maximum term was in accordance with his plea bargain, under which the People were to recommend whatever sentence they deemed warranted by defendant's cooperation, subject, of course, to the court's ultimate sentencing discretion ( see People v Garcia, 163 A.D.2d 218, lv denied 77 N.Y.2d 838; People v Farrar, 52 N.Y.2d 302, 305-306), which, we find, it properly exercised. Defendant's cooperation, while apparently sincere, resulted in no indictments, and the People recommended the maximum sentence. While indictments were not a condition for a recommendation of leniency, neither was it agreed that such a recommendation would be made in exchange for simple cooperation. Defendant was never promised a term less than the maximum, and, as the sentencing court stated, was given "appropriate leniency" by virtue of the fact that the sentence he received was less than the life imprisonment he faced on the charges of the indictment.

Concur — Rosenberger, J.P., Rubin, Asch, Williams and Mazzarelli, JJ.


Summaries of

People v. Anonymous

Appellate Division of the Supreme Court of New York, First Department
Sep 21, 1995
219 A.D.2d 525 (N.Y. App. Div. 1995)
Case details for

People v. Anonymous

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANONYMOUS, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 21, 1995

Citations

219 A.D.2d 525 (N.Y. App. Div. 1995)
631 N.Y.S.2d 673

Citing Cases

People v. Hudson

Contrary to the defendant's contention, the court did not err in declining to hold a hearing on the issues…

People v. Anonymous

Defendant's contentions regarding the purported violation of his cooperation agreement are unpreserved for…