Legal Opinion

People v. Nichols

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

Decided September 24, 1981PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Herlihy, J.

When defendant pleaded guilty to the felony charge, it was clearly and expressly upon the bargain that, inter alia, the sentence would be “the minimum sentence permissible which would be imprisonment for one and one-half to three to be served consecutively with [his] current sentence.” The trial court expressly committed itself to grant the opportunity to defendant to withdraw the plea of guilty if the recommended sentence was found by it to be inappropriate following a consideration of the presentence investigation. At sentencing, defendant admitted to a prior…

2Cases cited1 opinion

  1. People v. PachecoNew York Court of Appeals · 1981

3Cited by5 opinions

  1. Rolon v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. HansenAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. SantanaAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. RiceAppellate Division of the Supreme Court of the State of New York · 1981
  5. People v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1981

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