People v. Cruz
Cases that cite this one
2 later published cases cite this decision.
- People v. O'Connor (Appellate Division of the Supreme Court of New York 2000)
- People v. James (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment, Supreme Court, Bronx County (Elbert Hinkson, J.), rendered June 14, 1995, convicting defendant, upon his guilty plea, of criminal possession of a weapon in the third degree, and sentencing him to a term of 21/s to 7 years, unanimously affirmed.
The court properly enhanced defendant’s promised sentence where defendant violated the conditions of the plea. Defendant’s current contention that, having never warned defendant of the possibility of an enhanced sentence, the court was obligated to offer him the opportunity to withdraw the plea, is unpreserved and without merit (People v Berdecia, 223 AD2d 444). Moreover, an enhanced sentence, with no option to withdraw the plea, was independently justified by the fact that defendant obtained a favorable plea bargain through the use of false pedigree information (see, People v Costello, 231 AD2d 446). We perceive no abuse of sentencing discretion. Concur— Murphy, P. J., Sullivan, Milonas and Tom, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.