Appellate Division of the Supreme Court of New York, 2004

People v. Santos

Appellate Division of the Supreme Court of New York · Decided December 21, 2004

13 A.D.3d 258; 785 N.Y.S.2d 922; 2004 N.Y. App. Div. LEXIS 15480

Cases that cite this one

1 later published case cites this decision.

People v. Nuniz (Appellate Division of the Supreme Court of New York 2007)

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 (Michael R. Sonberg, J.), rendered March 5, 2003, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 21U to 4V2 years, unanimously modified, on the law, to the extent of reducing the sentence to a term of 2 to 4 years, and otherwise affirmed.

Since the record does not support a finding that defendant *259violated a plea condition requiring him to be truthful with the Department of Probation (compare People v Hicks, 98 NY2d 185 [2002]), the court improperly imposed an enhanced sentence. We conclude that reduction of defendant’s sentence to the originally bargained-for term would be an appropriate remedy under the circumstances. Concur—Nardelli, J.P., Andrias, Ellerin, Marlow and Sweeny, JJ.

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