People v. Harden, 99 A.D.3d 1108 (N.Y. App. Div. 2012). · Go Syfert
People v. Harden, 99 A.D.3d 1108 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Curry (nyappdiv, 2014-12-31)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Curry
N.Y. App. Div. · 2014 · confidence medium
Similarly, inasmuch as neither a fine nor restitution was mentioned at the plea proceedings, the matter must be remitted to allow County Court to either impose the sentence that was negotiated or to give defendant an opportunity to withdraw his plea before imposing the enhanced sentence (see People v Hulett, 117 AD3d 1279 , 1279 [2014]; People v Harden, 99 AD3d 1108, 1109 [2012]).
discussed Cited as authority (rule) People v. Curry
N.Y. App. Div. · 2014 · confidence medium
Similarly, inasmuch as neither a fine nor restitution was mentioned at the plea proceedings, the matter must be remitted to allow County Court to either impose the sentence that was negotiated or to give defendant an opportunity to withdraw his plea before imposing the enhanced sentence (see People v Hulett, 117 AD3d 1279 , 1279 [2014]; People v Harden, 99 AD3d 1108, 1109 [2012]).
discussed Cited as authority (rule) People v. Hullet
N.Y. App. Div. · 2014 · confidence medium
The People correctly concede that, because the plea agreement did not mention restitution, defendant should have been given the opportunity to either withdraw his plea or accept the enhanced sentence (see People v Harden, 99 AD3d 1108, 1109 [2012]; People v Galietta, 75 AD3d 753, 754-755 [2010]; People v Branch-El, 12 AD3d 785, 786 [2004], lv denied 4 NY3d 761 [2005]).
discussed Cited as authority (rule) People v. Hullet
N.Y. App. Div. · 2014 · confidence medium
The People correctly concede that, because the plea agreement did not mention restitution, defendant should have been given the opportunity to either withdraw his plea or accept the enhanced sentence (see People v Harden, 99 AD3d 1108, 1109 [2012]; People v Galietta, 75 AD3d 753, 754-755 [2010]; People v Branch-El, 12 AD3d 785, 786 [2004], lv denied 4 NY3d 761 [2005]).
discussed Cited as authority (rule) People v. Dolder
N.Y. App. Div. · 2013 · confidence medium
Defendant’s contention that County Court failed to advise him at the time of his plea that he would be sentenced as a second felony offender is not preserved for our review, inasmuch as the record fails to indicate that he moved to withdraw his plea or vacate the judgment of conviction (see People v Harden, 99 AD3d 1108, 1109 [2012]; People v Campbell, 66 AD3d 1059, 1060 [2009]).
discussed Cited as authority (rule) People v. Dolder
N.Y. App. Div. · 2013 · confidence medium
Defendant’s contention that County Court failed to advise him at the time of his plea that he would be sentenced as a second felony offender is not preserved for our review, inasmuch as the record fails to indicate that he moved to withdraw his plea or vacate the judgment of conviction (see People v Harden, 99 AD3d 1108, 1109 [2012]; People v Campbell, 66 AD3d 1059, 1060 [2009]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Darnile R. Harden
Appellate Division of the Supreme Court of the State of New York.
Oct 25, 2012.
99 A.D.3d 1108
Malone.
Cited by 6 opinions  |  Published
Malone Jr., J.

In satisfaction of a four-count indictment, defendant pleaded guilty to one count of criminal sale of a controlled substance in the third degree and was sentenced, as a second felony offender, to four years in prison followed by two years of postrelease supervision and ordered to make restitution of $100. On this appeal from the judgment of conviction, defendant first argues that County Court did not advise him at the time of his plea that he would be sentenced as a second felony offender. However, the record before us fails to indicate that defendant preserved this claim by moving to either withdraw the plea or vacate the judgment of conviction (see People v Mayers, 74 NY2d 931, 932 [1989]; People v Campbell, 66 AD3d 1059, 1059-1060 [2009]). Nor did he preserve by timely objection his further contention that the court failed to comply with the requirements of CPL 400.21 (see People v Washington, 89 AD3d 1140, 1142 [2011], lv denied 18 NY3d 963 [2012]; People v Califano, 84 AD3d 1504, 1506-1507 [2011], lv denied 17 NY3d 805 [2011]). However, the People concede that restitution was not a part of the plea agreement. Accordingly, the sentence must be vacated and the matter remitted to County Court to either impose the agreed-upon sentence or give defendant the opportunity to withdraw his plea before imposing the enhanced sentence (see People v Galietta, 75 AD3d 753, 754-755 [2010]; People v Gantt, 63 AD3d 1379, 1379-1380 [2009]).

Lahtinen, J.P., Stein, McCarthy and Garry, JJ., concur. Ordered that the judgment is modified, on the law, by vacating the sentence imposed; matter remitted to the County Court of Ulster County for further proceedings not inconsistent with this Court’s decision; and, as so modified, affirmed.