People v. Lofton, 58 A.D.2d 610 (N.Y. App. Div. 2d Dep't 1977). · Go Syfert
People v. Lofton, 58 A.D.2d 610 (N.Y. App. Div. 2d Dep't 1977). Cases Citing This Book View Copy Cite
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The People of the State of New York
v.
Gail Lofton
Appellate Division of the Supreme Court of the State of New York.
Jun 13, 1977.
Published opinion
58 A.D.2d 610
1977 N.Y. App. Div. LEXIS 12665
Cited by 4 opinions  |  Published

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 28, 1975, convicting her of two counts of criminal sale of a controlled substance in the third degree, under separate indictments, and one count of criminal possession of a controlled substance in the fifth degree, under a third indictment, upon her pleas of guilty, and imposing sentence. The appeal brings up for review the denial of defendant’s motion for a hearing to determine whether she had provided "material assistance”. Judgment affirmed. The defendant-appellant seeks to distinguish the decision in People v Eason (40 NY2d 297) on the fact that, at bar, co-operation was provided after a plea of guilty and with the under[*611]standing that if material assistance were rendered, the District Attorney would consider recommending lifetime probation pursuant to the statute (Penal Law, § 65.00, subd 1, par [b]). However, the defendant does not claim that a promise of such a recommendation was made or relied upon, nor would the record support such a claim (cf. Santobello v New York, 404 US 257). On this record, the decisions in People v Etson (39 NY2d 1005) and People v Eason (supra) are dispositive. Hopkins, J. P., Rabin, Hawkins and O’Connor, JJ., concur. [81 Misc 2d 572.]