Appellate Division of the Supreme Court of New York, 1998

People v. Moore

Appellate Division of the Supreme Court of New York · Decided February 5, 1998 · Mazzarelli, Nardelli, Wallach, Williams

247 A.D.2d 228; 668 N.Y.S.2d 356; 1998 N.Y. App. Div. LEXIS 901

Cases that cite this one

5 later published cases cite this decision.

People v. McCrae (Appellate Division of the Supreme Court of New York 2025)
People v. Driscoll (Appellate Division of the Supreme Court of New York 2019)
People v. King (Appellate Division of the Supreme Court of New York 2019)
People v. King (Appellate Division of the Supreme Court of New York 2019)
People v. Nicholson (Appellate Division of the Supreme Court of New York 2006)

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

Appeal from judgment, Supreme Court, New York County (Alfred Donati, J.), rendered July 12, 1994, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in *229the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously dismissed as moot.

Since defendant has been discharged from parole, his request for specific performance of a promised sentence or discretionary reduction of the sentence is moot (Executive Law § 259-j). In any event, the enhanced sentence was appropriate since defendant violated the terms of his plea agreement.

Concur— Nardelli, J. P., Wallach, Williams and Mazzarelli, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.