Legal Opinion

People v. Johnson

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

Decided November 18, 1991PublishedCited by 8 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered April 4, 1990, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

It is well settled that where the defendant fails to comply with a condition of his or her plea agreement, the court is not bound by its original sentencing promise and may unilaterally impose an enhanced sentence (see, People v McNeill, 164 AD2d 951; People v Erazo, 155 AD2d 477; People v Caridi, 148 AD2d 625; People…

2Cases cited4 opinions

  1. People v. CaridiAppellate Division of the Supreme Court of the State of New York · 1989
  2. People v. BethenyAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. ErazoAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. McNeillAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by8 opinions

  1. People v. ThorpeAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. McCoyAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. FelderAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. PeoplesAppellate Division of the Supreme Court of the State of New York · 1992

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