Legal Opinion
People v. Malaj
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 2010PublishedCited by 10 opinions
1Opinion of the Court
Defendant’s claim that he was improperly sentenced without *488an evidentiary hearing on the issue of whether he violated the terms of his plea agreement is unpreserved since defendant neither requested a hearing nor moved to withdraw his plea (see People v Cooper, 21 AD3d 836 [2005], lv denied 6 NY3d 774 [2006]), and we decline to review it in the interest of justice. As an alternate holding, we find that the court properly sentenced defendant to a term of incarceration since he failed to comply with the terms of the plea agreement. The court’s decision was not based solely on a disputed hearsay…
2Cases cited3 opinions
- People v. ValenciaNew York Court of Appeals · 2004
- Daniel Torres v. J. Berbary, SuperintendentCourt of Appeals for the Second Circuit · 2003
- People v. RedwoodAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by10 opinions
- People v. StephensAppellate Division of the Supreme Court of the State of New York · 2013
- People v. HodginsAppellate Division of the Supreme Court of the State of New York · 2014
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 2021
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 2021
- HODGINS, SCOTT E., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
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