People v. Hernandez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that the original plea bargain was a sentence of five years to life imprisonment in return for his "telling the truth” about a codefendant. That alleged bargain was not placed on the record and thus is not enforceable (see, People v Hood, 62 NY2d 863, 865; Holtzman v Roman, 141 AD2d 601). In any event, defendant was given an opportunity to withdraw his plea and rejected that offer. Defendant further contends that he did not recite the underlying facts of the crime. Defendant admitted, however, that he intended to sell the cocaine,…
2Cases cited2 opinions
- People v. HoodNew York Court of Appeals · 1984
- District Attorney of Kings County Elizabeth Holtzman v. RomanAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by1 opinion
- People v. MartinAppellate Division of the Supreme Court of the State of New York · 1995