Appellate Division of the Supreme Court of New York, 1998

People v. Leonor

People v. Leonor
Appellate Division of the Supreme Court of New York · Decided February 19, 1998 · Rubin, Sullivan, Tom, Wallach, Williams
247 A.D.2d 282; 668 N.Y.S.2d 454; 1998 N.Y. App. Div. LEXIS 1548
People v. Leonor

Opinion of the Court

Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered August 13, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the first degree, and sentencing him to a term of 3 years to life, unanimously modified, on the law, to the extent of vacating the sentence and substituting a sentence of 15 years to life, and otherwise affirmed.

Contrary to the determination of the motion court, imposition of the minimum statutory sentence for an A-l felony upon this defendant, who violated the terms of a cooperation agreement entered into at the plea allocution, is not unconstitutional (see, People v Thompson, 83 NY2d 477, 480; People v Broadie, 37 NY2d 100, cert denied 423 US 950).

Concur — Sullivan, J. P., Wallach, Rubin, Williams and Tom, JJ.

[See, — AD2d —, Jan. 12, 1999.]

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