New York Court of Appeals, 1990

People v. Hurley

New York Court of Appeals · Decided March 22, 1990

75 N.Y.2d 887; 553 N.E.2d 1017; 554 N.Y.S.2d 469; 1990 N.Y. LEXIS 593

Cases that cite this one

159 later published cases cite this decision. The 25 that cite it most often are listed here.

El Rhagi v. Christopher Artuz, Superintendent, Green Haven Correctional Facility (2d Cir. 2002)
People v. Kwaw (Appellate Division of the Supreme Court of New York 2025)
People v. Major (Appellate Division of the Supreme Court of New York 2016)
People v. Clark (Appellate Division of the Supreme Court of New York 2015)
People v. Giordano (N.Y. 1995)
People v. Vilsaint (Appellate Division of the Supreme Court of New York 2026)
People v. Lewis (Appellate Division of the Supreme Court of New York 2026)
People v. Cassidy (Appellate Division of the Supreme Court of New York 2026)
People v. Remington (Appellate Division of the Supreme Court of New York 2026)
People v. Baker (Appellate Division of the Supreme Court of New York 2026)
People v. Hamlett (Appellate Division of the Supreme Court of New York 2025)
People v. Williams (Appellate Division of the Supreme Court of New York 2025)
People v. Vanderbilt (Appellate Division of the Supreme Court of New York 2025)
People v. Vanwuyckhuyse (Appellate Division of the Supreme Court of New York 2024)
People v. Mohamed (Appellate Division of the Supreme Court of New York 2024)
People v. Robbs (Appellate Division of the Supreme Court of New York 2024)
People v. Ortega (Appellate Division of the Supreme Court of New York 2024)
People v. Hendricks (Appellate Division of the Supreme Court of New York 2023)
People v. Herman (Appellate Division of the Supreme Court of New York 2023)
People v. Lewis (Appellate Division of the Supreme Court of New York 2023)
People v. McCutcheon (Appellate Division of the Supreme Court of New York 2023)
People v. Hollis (Appellate Division of the Supreme Court of New York 2023)
People v. Brown (Appellate Division of the Supreme Court of New York 2023)
People v. Garcia (Appellate Division of the Supreme Court of New York 2023)
People v. Cade (Appellate Division of the Supreme Court of New York 2022)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*888The sentence claim now advanced is unpreserved for our review (People v Ruz, 70 NY2d 942, 943; People v Ingram, 67 NY2d 897, 899). Defendant argues that the trial court’s 2-to-4-year sentence improperly penalized him for exercising his right to a jury trial. At sentencing, he asserted that the People had earlier offered him a sentence of lVá to 4 years if he pleaded guilty and that he had been advised by his lawyer that he would receive the same sentence if he went to trial. The sentencing court clarified the record by noting that defendant had been offered a reduced sentence if he pleaded guilty or if he waived a jury and was convicted after a bench trial. The defendant and his attorney made no protest or objection as the 2-to-4-year predicate felony offender sentence was imposed, with the sentencing Judge adding this was not being done as a penalty but on all the usual sentencing factors. •

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.