Legal Opinion · Concurrence

People v. Alvarado

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

Decided March 8, 2011Published

1ConcurrenceMcGuire, J.

Defendant got precisely the sentence for which he bargained. But his first claim is that once the terms of the plea bargain changed during the plea proceeding so that he no longer was *459required to admit to having been convicted previously of a violent felony offense and instead was required only to admit to having been convicted previously of a felony, the court was obligated to inform him of the sentencing range applicable to a class C drug felony committed by such a second felony offender (the “new sentencing range”). Although the plea bargain permitted defendant to avoid the greater…

2Cases cited4 opinions

  1. People v. CatuNew York Court of Appeals · 2005
  2. New York Public Interest Research Group, Inc. v. CareyNew York Court of Appeals · 1977
  3. People v. HillNew York Court of Appeals · 2007
  4. Hirschfeld v. HoganAppellate Division of the Supreme Court of the State of New York · 2009

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