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People v. Carrillo

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 2003
2 A.D.3d 260 (N.Y. App. Div. 2003)

Opinion

2475.

Decided December 16, 2003.

Judgment, Supreme Court, New York County, (John Cataldo, J.), rendered September 10, 2002, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

Eleanor J. Ostrow, for Respondent.

Lisa Joy Robertson, for Defendant-Appellant.

Before: Nardelli, J.P., Saxe, Friedman, Marlow, Gonzalez, JJ.


Defendant's contention that the court erred in enhancing his bargained-for sentence without conducting a sufficient inquiry to determine the validity of his post-plea arrest is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the sentencing enhancement was proper ( see People v. Outley, 80 N.Y.2d 702, 713-714).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Carrillo

Appellate Division of the Supreme Court of New York, First Department
Dec 16, 2003
2 A.D.3d 260 (N.Y. App. Div. 2003)
Case details for

People v. Carrillo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO CARRILLO…

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

Date published: Dec 16, 2003

Citations

2 A.D.3d 260 (N.Y. App. Div. 2003)
768 N.Y.S.2d 326

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