People v. Mattucci
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Rose, J.P./
We reject defendant’s contention that County Court erred by failing to abide by the terms of the plea agreement. “A trial court retains discretion in fixing an appropriate sentence up until the time of sentencing” (People v Yanus, 13 AD3d 804, 805 [2004] [citations omitted]; see People v Brunelle, 47 AD3d 1067, 1067 [2008], lv denied 11 NY3d 786 [2008]). Moreover, “a sentencing promise made in conjunction with a plea is conditioned upon fits being lawful and appropriate in light of the subsequent presentence report or information obtained from other reliable sources’ ” (People v…
2Cases cited8 opinions
- People v. SelikoffNew York Court of Appeals · 1974
- People v. HicksNew York Court of Appeals · 2002
- People v. RubendallAppellate Division of the Supreme Court of the State of New York · 2004
- People v. HaslowAppellate Division of the Supreme Court of the State of New York · 2005
- People v. SanchezAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by7 opinions
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- People v. ChaneyAppellate Division of the Supreme Court of the State of New York · 2018
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