Legal Opinion

People v. Decoste

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

Decided April 21, 1994PublishedCited by 1 opinion

1Opinion of the Court

Mikoll, J. P.

Appeal from a judgment of the County Court of Clinton County (McGill, J.), rendered January 7, 1993, convicting defendant upon his plea of guilty of the crimes of criminal sale of a firearm in the third degree and attempted criminal sale of a controlled substance in the third degree (two counts).

The issue here is whether County Court can enhance a sentence when defendant breaches a specific condition of a plea negotiation, which, in this instance, was to pay a fine. In satisfaction of three indictments, defendant pleaded guilty to two counts of attempted criminal sale of a…

2Cases cited4 opinions

  1. People v. SelikoffNew York Court of Appeals · 1974
  2. People v. TorresNew York Court of Appeals · 1978
  3. People v. BanksAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. DickersonAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by1 opinion

  1. People v. HartfordAppellate Division of the Supreme Court of the State of New York · 1995

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