From Casetext: Smarter Legal Research

People v. McCray

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 1998
251 A.D.2d 135 (N.Y. App. Div. 1998)

Opinion

June 16, 1998

Appeal from the Supreme Court, Bronx County (John Collins, J.).


Defendant's contention that he was entitled to specific performance of the plea agreement because he allegedly performed his obligations is not preserved for appellate review ( see, People v. Lewis, 214 A.D.2d 415, lv denied 86 N.Y.2d 797), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the sentence was warranted since defendant's poor behavior caused him to fail to fulfill the plea condition requiring completion of a particular drug treatment program.

Concur — Milonas, J. P., Tom, Andrias and Saxe, JJ.


Summaries of

People v. McCray

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 1998
251 A.D.2d 135 (N.Y. App. Div. 1998)
Case details for

People v. McCray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL McCRAY…

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

Date published: Jun 16, 1998

Citations

251 A.D.2d 135 (N.Y. App. Div. 1998)
672 N.Y.S.2d 735

Citing Cases

People v. Vasquez

The plea cannot be said, on these facts, to have been "induced" by an unfulfilled or unfulfillable promise…

People v. Passino

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Memorandum: Defendant…