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(DOWNLOAD) "People State New York v. Dennis Brooks" by Supreme Court of New York ~ eBook PDF Kindle ePub Free

People State New York v. Dennis Brooks

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eBook details

  • Title: People State New York v. Dennis Brooks
  • Author : Supreme Court of New York
  • Release Date : January 06, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

Judgment unanimously affirmed. Memorandum: There is no merit to defendant's claim that the sentencing court erred in failing to honor its sentence agreement. Where, as here, the court expressly makes its commitment to impose a particular sentence subject to certain conditions and defendant violates one of the conditions, the court is no longer bound to the agreement and may impose a greater sentence without offering defendant an opportunity to withdraw his plea (see, People v Murello, 39 N.Y.2d 879; People v Dodson, 114 A.D.2d 421, 422; People v McDaniels, 111 A.D.2d 876, 877). In any event, defendant never moved to withdraw his guilty plea and thus has failed to preserve this issue for appellate review (see, People v Lopez, 71 N.Y.2d 662). Defendant's remaining claims are likewise without merit. Present: Dillon, P.J., Callahan, Boomer, Balio, Lawton, JJ.


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