Legal Opinion
People v. Brock
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2010PublishedCited by 6 opinions
1Opinion of the Court
The defendant failed to preserve for appellate review her contention that the sentence imposed by the Supreme Court improperly penalized her for exercising her right to a jury trial, because she did not set forth the issue on the record at the time of sentencing (see People v Hurley, 75 NY2d 887, 888 [1990]; People v Herrera, 16 AD3d 699, 700 [2005]). In any event, the fact that the sentence imposed after trial was' greater than the sentence offered during plea negotiations is no indication that the defendant was punished for asserting her right to proceed to trial (see People v Pena, 50 NY2d…
2Cases cited5 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. PenaNew York Court of Appeals · 1980
- People v. HurleyNew York Court of Appeals · 1990
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HerreraAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by6 opinions
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2010
- People v. GivhanAppellate Division of the Supreme Court of the State of New York · 2010
- People v. HolleyAppellate Division of the Supreme Court of the State of New York · 2011
- People v. LindsayAppellate Division of the Supreme Court of the State of New York · 2014
- People v. PaytonAppellate Division of the Supreme Court of the State of New York · 2012
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