Legal Opinion

People v. Miller

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

Decided October 26, 1992PublishedCited by 2 opinions

1Opinion of the Court

— Appeal by the defendant from a judgment of the County Court, Suffolk County (Weissman, J.), *827rendered June 18, 1991, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s sentence was conditioned upon his appearing for sentencing and not being rearrested. Since the defendant failed to fulfill these conditions, the court was not bound by its original sentencing promise and properly imposed an enhanced sentence without permitting the defendant to withdraw his plea (see, People v Moore, 176 AD2d 968;…

2Cases cited3 opinions

  1. People v. MooreAppellate Division of the Supreme Court of the State of New York · 1991
  2. People v. ErazoAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. McNeillAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by2 opinions

  1. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1995
  2. People v. PeoplesAppellate Division of the Supreme Court of the State of New York · 1992

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