People v. Gramling
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that he is entitled to specific performance of the alleged plea agreement. An off-the-record promise made in the course of the plea bargaining process is generally not entitled to judicial recognition (see, People v Danny G., 61 NY2d 169, 173-174; People v Reyes, 167 AD2d 920, 921, lv denied 77 NY2d 842). The promise that defendant contends was made does not appear in the record, and defendant agreed at the time of his guilty plea that no sentencing promise had been made (see, People v Salvagni, 199 AD2d 680;…
2Cases cited4 opinions
- People v. Danny G.New York Court of Appeals · 1984
- People v. ReyesAppellate Division of the Supreme Court of the State of New York · 1990
- People v. SalvagniAppellate Division of the Supreme Court of the State of New York · 1993
- People v. HoangAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by1 opinion
- People v. FredetteAppellate Division of the Supreme Court of the State of New York · 2003