Legal Opinion

People v. Mercado

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

Decided December 5, 2012PublishedCited by 2 opinions

1Opinion of the Court

The People correctly argue that the defendant’s challenge to his enhanced sentences, which the County Court imposed because the defendant violated his plea agreements, is unpreserved for appellate review (see People v Scoca, 38 AD3d 801 [2007]). In any event, the court providently exercised its discretion in imposing enhanced sentences, because the defendant violated the terms of the plea agreements by assaulting his girlfriend during the period between when his pleas were entered and the time when the sentences were imposed (see People v Whaley, 74 AD3d 1641, 1642 [2010]; People v Guerra,…

2Cases cited5 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. ScocaAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. GuerraAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. WhaleyAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by2 opinions

  1. People v. ZeldineAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. ZeldineAppellate Division of the Supreme Court of the State of New York · 2014

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