People v. Prihett
Cases that cite this one
7 later published cases cite this decision.
- People v. Rodriguez (Appellate Division of the Supreme Court of New York 2026)
- People v. Lemos (Appellate Division of the Supreme Court of New York 2006)
- People v. Swart (Appellate Division of the Supreme Court of New York 2005)
- People v. Bonner (Appellate Division of the Supreme Court of New York 2005)
- People v. Neu (Appellate Division of the Supreme Court of New York 2003)
- People v. Anderson (Appellate Division of the Supreme Court of New York 2002)
- People v. Goss (Appellate Division of the Supreme Court of New York 2001)
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, New York County (Dorothy Cropper, J.), rendered May 19, 1998, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, and imposing the mandatory surcharge, unanimously affirmed.
Defendant’s claim that the court’s imposition of the mandatory surcharge (Penal Law § 60.35) without mentioning such surcharge during the plea colloquy constituted a violation of his plea bargain is unpreserved as a result of defendant’s failure to move to withdraw his plea on this ground or to object to the surcharge, and we decline to review this claim in the interest of justice. Were we to review this claim, we would find no indication in the record that defendant’s guilty plea was made in reliance on a promise that the surcharge would not be imposed. We also note that the surcharge, unlike a fine, is mandatory (CPL 420.35 [2]). We have considered and rejected defendant’s remaining claims. Concur — Nardelli, J. P., Williams, Tom, Wallach and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.