Legal Opinion

People v. Hurley

New York Court of Appeals

Decided March 22, 1990PublishedCited by 164 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*888The sentence claim now advanced is unpreserved for our review (People v Ruz, 70 NY2d 942, 943; People v Ingram, 67 NY2d 897, 899). Defendant argues that the trial court’s 2-to-4-year sentence improperly penalized him for exercising his right to a jury trial. At sentencing, he asserted that the People had earlier offered him a sentence of lVá to 4 years if he pleaded guilty and that he had been advised by his lawyer that he would receive the same sentence if he went to trial. The sentencing court clarified…

2Cases cited2 opinions

  1. People v. IngramNew York Court of Appeals · 1986
  2. People v. RuzNew York Court of Appeals · 1988

3Cited by164 opinions

  1. People v. ShogaAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. GiordanoNew York Court of Appeals · 1995
  3. People v. OsorioAppellate Division of the Supreme Court of the State of New York · 2008
  4. El Rhagi v. Christopher Artuz, Superintendent, Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 2002
  5. People v. SeymoreAppellate Division of the Supreme Court of the State of New York · 2013

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