Legal Opinion
People v. Brooks
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 1989PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s claim that the sentencing court erred in failing to honor its sentence agreement. Where, as here, the court expressly makes its commitment to impose a particular sentence subject to certain conditions and defendant violates one of the conditions, the court is no longer bound to the agreement and may impose a greater sentence without offering defendant an opportunity to withdraw his plea (see, People v Murello, 39 NY2d 879; People v Dodson, 114 AD2d 421, 422; People v McDaniels, 111 AD2d 876, 877). In any event,…
2Cases cited4 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. McDanielsAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MurelloNew York Court of Appeals · 1976
- People v. DodsonAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by5 opinions
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1991
- People v. KessnerAppellate Division of the Supreme Court of the State of New York · 1992
- People v. ParsonsAppellate Division of the Supreme Court of the State of New York · 1994
- People v. ShannonAppellate Division of the Supreme Court of the State of New York · 1991
- People v. HowingtonAppellate Division of the Supreme Court of the State of New York · 1990