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People v. Wood

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1999
267 A.D.2d 1033 (N.Y. App. Div. 1999)

Opinion

December 30, 1999

Appeal from Judgment of Wayne County Court, Kehoe, J. — Felony Driving While Intoxicated.

Judgment unanimously affirmed.

PRESENT: LAWTON, J. P., HAYES, WISNER, HURLBUTT AND BALIO, JJ.


Memorandum:

The contention of defendant that County Court erred in refusing to permit him to withdraw his guilty plea when it refused to adhere to its sentencing commitment is without merit. The record establishes that the court initially indicated to defendant that it would permit him to withdraw his guilty plea if it could not sentence him pursuant to the terms of his plea agreement with the District Attorney's office. Before defendant pleaded guilty, however, the court clarified its position and advised defendant that it would make no sentencing commitment and that it would not permit him to withdraw his guilty plea if it could not sentence him pursuant to the terms of his plea agreement. In response to the court's inquiry, defendant indicated that he understood the court's position and still wished to plead guilty. Because the court did not make a commitment regarding sentencing at the time defendant's plea was entered, it was not required to give defendant an opportunity to withdraw his guilty plea before imposing a more severe sentence than that recommended by the People ( see, People v. Rhodes, 251 A.D.2d 906, 907, lv denied 92 N.Y.2d 929; People v. Hartford, 217 A.D.2d 798, 799-800). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Wood

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1999
267 A.D.2d 1033 (N.Y. App. Div. 1999)
Case details for

People v. Wood

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ROY WOOD, II…

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

Date published: Dec 30, 1999

Citations

267 A.D.2d 1033 (N.Y. App. Div. 1999)
701 N.Y.S.2d 212