Legal Opinion

People v. Guerra

Appellate Division of the Supreme Court of the State of New York

Decided February 4, 2002PublishedCited by 8 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered August 24, 1999, convicting him *411of rape in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

As the defendant conceded, he failed to comply with a condition of his plea agreement, i.e., appear at the Probation Department for an interview. Therefore, the sentencing court was no longer bound to impose the sentence it originally promised, and it properly exercised its discretion in imposing an enhanced sentence (see, People v Figgins, 87…

2Cases cited4 opinions

  1. People v. FigginsNew York Court of Appeals · 1995
  2. People v. MilesAppellate Division of the Supreme Court of the State of New York · 2000
  3. People v. FieldsAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by8 opinions

  1. People v. DuryeaAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. BennAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. CisnerosAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. MercadoAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. RonconiAppellate Division of the Supreme Court of the State of New York · 2011

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