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discussed
Cited "see, e.g."
People v. O'Connor
The court properly imposed a greater sentence than had been conditionally promised at the time of the plea, and properly denied defendant’s motion to withdraw the plea, in light of defendant’s violation of all the conditions of the plea agreement as well as his misrepresentations about his identity and status as a first felony offender (see, People v Black, 253 AD2d 714 ; People v Cruz, 237 AD2d 218 , lv denied 89 NY2d 1090 ; see also, People v Murello, 39 NY2d 879 ).
discussed
Cited "see, e.g."
People v. Shannon
Where, as here, the court expressly makes a commitment to impose a particular sentence subject to certain conditions, and defendant violates one of those conditions, the court is no longer bound by the agreement and may impose a greater sentence without giving defendant an opportunity to withdraw his plea (see, People v Brooks, 154 AD2d 931 ; see also, People v Murello, 39 NY2d 879 ; People v Dodson, 114 AD2d 421 ; People v McDaniels, 111 AD2d 876 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Michael J. Murello
v.
Michael J. Murello
New York Court of Appeals.
Jun 3, 1976.
352 N.E.2d 141
1976 N.Y. LEXIS 2817
Richard T. Farrell for appellant., Eugene Gold, District Attorney (James A. Steinberg of counsel), for respondent.
Cited by 16 opinions | Published
Order affirmed (see, generally, People v Selikoff, 35 NY2d 227, especially at p 236). The promise purportedly made was conditional and it was a matter of fact finding whether defendant breached the condition. On this record, therefore, the issue is beyond review in this court.
[*880] Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.