People v. Colon
Cases that cite this one
4 later published cases cite this decision.
- People v. Mercer (Appellate Division of the Supreme Court of New York 2013)
- People v. Mercer (Appellate Division of the Supreme Court of New York 2013)
- People v. Surdis (Appellate Division of the Supreme Court of New York 2005)
- People v. Lunsford (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 (Richard Carruthers, J.), rendered May 12, 1999, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the first degree, and sentencing him to a term of 8 years to life, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the conviction and substituting a conviction of attempted criminal possession of a controlled substance in the second degree, and otherwise affirmed.
The parties were under the mistaken impression that defendant was pleading guilty to a class A-II felony, when, in fact, he pleaded guilty to a class A-I felony. In order to effectuate the clear purpose and intent of the plea agreement, defendant’s conviction should be modified to the extent indicated (People v Labode, 280 AD2d 400). However, defendant is not entitled to vacatur of his plea (id.; People v Monereau, 181 AD2d 918, lv denied 79 NY2d 1052). Defendant’s plea was not induced by an unfulfilled promise; on the contrary, he received the precise
Defendant’s waiver of his right to appeal, which included the waiver of the right to challenge his sentence as excessive, was knowing, voluntary and intelligent. Accordingly, review of this claim is precluded (People v Seaberg, 74 NY2d 1). In any event, we perceive no basis for reduction of sentence. Concur — Williams, J. P., Wallach, Lerner, Rubin and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.