Legal Opinion
People v. Garcia
Appellate Division of the Supreme Court of the State of New York
Decided January 28, 2010PublishedCited by 5 opinions
1Opinion of the CourtSpain, J.
An indictment was handed down against defendant charging him with two counts of criminal possession of a forged instrument in the second degree, arising from his attempt to withdraw a $2,000 cash advance using a credit card that was not his. Following negotiations, defendant pleaded guilty to both counts and was sentenced to consecutive prison terms of 2Vs to 7 years. Defendant now appeals.
It is well settled that the People must honor any promise made during plea negotiations with regard to a sentencing recommendation (see People v Clark, 61 AD3d 1179, 1182 [2009], lv denied 12 NY3d 924…
2Cases cited5 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- People v. HoeltzelAppellate Division of the Supreme Court of the State of New York · 2002
- People v. OakesAppellate Division of the Supreme Court of the State of New York · 1998
- People v. MullerAppellate Division of the Supreme Court of the State of New York · 1991
- People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by5 opinions
- People v. ZabawczukAppellate Division of the Supreme Court of the State of New York · 2015
- People v. MatyjewiczAppellate Division of the Supreme Court of the State of New York · 2011
- People v. ClineAppellate Division of the Supreme Court of the State of New York · 2010
- People v. Rennie-RussellAppellate Division of the Supreme Court of the State of New York · 2019
- People v. ZabawczukAppellate Division of the Supreme Court of the State of New York · 2015