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People v. Shannon

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1991
175 A.D.2d 614 (N.Y. App. Div. 1991)

Opinion

July 12, 1991

Appeal from the Supreme Court, Monroe County, Doyle, J.

Present — Callahan, J.P., Doerr, Denman, Green and Lowery, JJ.


Judgment unanimously affirmed. Memorandum: There is no merit to defendant's argument that the sentencing court erred in failing to honor its sentence agreement. Where, as here, the court expressly makes a commitment to impose a particular sentence subject to certain conditions, and defendant violates one of those conditions, the court is no longer bound by the agreement and may impose a greater sentence without giving defendant an opportunity to withdraw his plea (see, People v Brooks, 154 A.D.2d 931; see also, People v Murello, 39 N.Y.2d 879; People v Dodson, 114 A.D.2d 421; People v McDaniels, 111 A.D.2d 876). In any event, defendant did not move to withdraw his guilty plea and thus did not preserve this issue for appellate review (see, People v Brooks, supra; People v Lopez, 71 N.Y.2d 662).

We have examined defendant's other contention and find it likewise to be without merit.


Summaries of

People v. Shannon

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1991
175 A.D.2d 614 (N.Y. App. Div. 1991)
Case details for

People v. Shannon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARNELL SHANNON…

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

Date published: Jul 12, 1991

Citations

175 A.D.2d 614 (N.Y. App. Div. 1991)
572 N.Y.S.2d 551

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