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People v. Messina

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1987
131 A.D.2d 788 (N.Y. App. Div. 1987)

Opinion

June 22, 1987

Appeal from the County Court, Nassau County (Delin, J.).


Ordered that the judgments are affirmed.

The defendant claims that the sentencing court erred in failing to conduct a hearing to determine whether his cooperation with the District Attorney's office was sufficient to require specific performance of a cooperation agreement. This issue was not preserved for appellate review as no request for such a hearing was made and the defendant did not move to withdraw his pleas in the court of first instance (see, CPL 470.05). In any event, the defendant clearly stated that no promises as to sentence had been made to induce his pleas.

Additionally, we find that the sentences imposed were appropriate under the circumstances of this case (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.


Summaries of

People v. Messina

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1987
131 A.D.2d 788 (N.Y. App. Div. 1987)
Case details for

People v. Messina

Case Details

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

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

Date published: Jun 22, 1987

Citations

131 A.D.2d 788 (N.Y. App. Div. 1987)

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