Legal Opinion

People v. Bregel

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

Decided October 4, 2011PublishedCited by 2 opinions

1Opinion of the Court

“A court is under no obligation to adhere to a sentencing promise after receiving information affecting the sentence, provided the court affords the defendant the opportunity to withdraw his [or her] plea” (People v O’Brien, 52 AD3d 535, 536 [2008]). “[I]f the court cannot or will not impose the sentence promised, the reasons should be stated on the record in order to permit appellate review and avoid arbitrariness or trifling with the legitimate expectations of defendants” (People v Rubendall, 4 AD3d 13, 19 [2004]; see People v Selikoff, 35 NY2d 227, 240 [1974], cert denied 419 US 1122…

2Cases cited6 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. SelikoffNew York Court of Appeals · 1974
  3. People v. SchultzNew York Court of Appeals · 1988
  4. People v. RubendallAppellate Division of the Supreme Court of the State of New York · 2004
  5. People v. BarahonaAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by2 opinions

  1. People v. CostaAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. Montano (Jennifer)Appellate Terms of the Supreme Court of New York · 2018

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